Alyssa Golden v. Worcester Housing Authority (SPR 20181873)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 17 , 2018 SPRlS/1873 Alex Corrales Executive Director Worcester Housing Authority 40 Belmont Street Worcester, MA O1 605 Dear Mr. Corrales: I have received the petition of Alyssa Golden of Community Legal Aid appealing the response of the Worcester Housing Authority (Authority) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on August 3, 2018 Ms. Golden requested twenty-two itemized requests for documentation and statistical data pertaining to interpreter services, translation services, language-access plans, training materials for the Authority staff and other related records. On September 7, 2018 via email, the Authority provided Community Legal Aid with records responsive to the August request. Initially, in the Authority's September ih letter, Suzanne Chung, General Counsel for the Authority indicated any documents or information responsive to Request Number 16 may be exempt as private information. Basis oft he appeal Request Number 16 On November 30, 2018, as a result of the Authority's September ih response, Ms. Golden petitioned the Supervisor of Records (Supervisor) regarding Request Number 16, and this appeal was opened. Request_Number 16 states, "[a]ny and all records of requests for interpreter services and translated documentation as well as documentation of any and all responses to those requests." In a December ih letter via email after this appeal was opened, the Authority informed a Public Records Division staff attorney that after the initial response on September ih at 3: 13 PM, Attorney Chung sent Jane L. Edmonstone, Esq., Senior Supervising Counsel for the Community Legal Aid, another email response at 3 :28 PM. In her 3 :28 PM email Attorney Chung indicated, " [t ]here are no documents for requests 15, 16 and 17 . 18 attached." It is my understanding that 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

Alex Corrales SPRlS/1873 Page2 December 17, 2018 after the Authority conducted a search for records the Authority realized that it did not have any records responsive to several of Ms. Golden's requests, including Request Number 16. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of ~he custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). In addition, a public employee is 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). Accordingly, I find the Authority has met its burden in responding to this request. See G. L. c. 66, § lO(b)(ii)(iii). Consequently, I consider this administrative appeal closed. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Alyssa Golden