Catherine Clairmont v. Edgartown, Town of - Town Clerk (SPR 20182091)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 9, 2019 SPRlS/2091 James Hagerty Town Administrator Town of Edgartown P.O. Box 35 Edgartown, MA 02539 Dear Mr. Hagerty: I have received the petition of Catherine Clairmont appealing the response of the Town of Edgartown (Town) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on November 11, 2018, Mr. Kager requested nine categories ofrecords pertaining to Waste Water Commission/Commissioners, including "[a]ll email or other communications between the Commissioners, Commissioners and staff and Commissions and other third-parties as requested ... Please ensure these include emails from the Commissioners private email accounts as previously discussed." Previous appeal This request was the subject to two previous appeals, SPR18/1710 and SPR18/2025. See Determination of the Supervisor of Records (November 30, 2018); Determination ofthe Supervisor of Records (December 19, 2018). This was office was notified that the responsive records were sent to Ms. Clairmont via certified mail on December 19, 2018. Also, Ms. Clairmont indicates she received a copy of the request in person on a thumb drive. Current appeal Ms. Clairmont is appealing the Town's response as incomplete. Ms. Clairmont indicates "[w]e are appealing 1) the lack of fulfilling the records request, once again, 2) how the records were provided and 3) over charges." Ms. Clairmont states the "l st Documents (category) Missing: All correspondence to and from The Wastwater Commissioners, the Waste Water staff." 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

James Hagerty SPR18/2075 Page2 January 7, 2019 No duty to create records A staff member of the Public Records Division contacted the Town and the Town indicated they have sent Ms. Clairmont any document responsive to her records request. In an email sent to this office on January 9, 2019, the Town attaches a letter to Ms. Clairmont stating "[t]he Town of Edgartown (the 'Town') has provided you with records that fulfill the following requirements" and includes "all correspondence to and from The Wastewater Commissioners, the Waste Water staff." Under the Public Records Law, the RAO shall identify any records that are not within its possession, custody or control of the public record sought. See G. L. c. 66, § 6A(d); see also 950 C.M.R. 32.06(3)(c)(2). There is no obligation to create a record in response to a public records request. 32 Op. Att'y Gen. 157, 165 (May 18, 1977). Conclusion Accordingly, whereas this matter was opened based upon the Town's failure to provide responsive records, I will now consider this administrative appeal closed. Ms. Clairmont may appeal the substantive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Catherine Clairmont