Corey Spaulding v. Framingham, Town of - Police Department (SPR 20181667)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 26, 2018 SPRlS/1667 Chief Steven D. Trask Framingham Police Department 150 Concord Street Framingham, MA 01702 Dear Chief Trask, I have received the petition of Corey Spaulding appealing the response of the Framingham Police Department (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Spaulding requested records relating to the serving of a no trespass order. Having received no response, Ms. Spaulding petitioned this office. Use ofc ustodian's superior knowledge In accordance with the Public Records Law, a custodian is expected to use their superior knowledge of the records in their custody to assist the requestor in obtaining the desired information. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii). A records access officer must explain whether it possesses any other responsive records and use its knowledge of the records to facilitate providing any additional responsive records. G. L. c. 66, § 1 O(b )(vii) ( a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce records sought more efficiently and affordably). Additionally, under the Public Records Law, the Department is not required to create any record in response to a public records request. A public employee is also not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § lO(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). In a November 13, 2018 response, the Department confirmed that all documents responsive to Ms. Spaulding's request have been provided. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Chief Steven D. Trask SPR18/1667 Page2 November 26, 2018 Conclusion Accordingly, I will now consider this administrative appeal closed. Ms. Spaulding may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Corey Spaulding