Michael R. Dupont v. Taunton, City of - Municipal Airport (SPR 20190983)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 22, 2019 SPR19/983 Diane Tavares Assistant Manager Taunton Municipal Airport P.O. Box 441 Taunton, MA 02718 Dear Ms. Tavares: I have received the petition of Michael Dupont appealing the response of the Taunton Municipal Airport (Airport) to his request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Dupont requested five categories ofrecords concerning a meeting associated with the Airport. The latest response from the Airport is dated May 2, 2019. Under the belief that further responsive records exist in the possession of the Airport, Mr. Dupont petitioned this office and this appeal was opened as a result. 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 ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). In light of the issues raised in Mr. Dupont's appeal regarding the existence of responsive records, and despite the Airport's responses, I find it is unclear why responsive records have not been provided. Specifically, the Airport must explain whether responsive records existed and were destroyed, or whether the records did not initially exist. See G. L. c. 66, § lO(a)(ii), (b)(ii). If such records were destroyed, the Airport must demonstrate whether it followed proper records retention protocol. Please note the Airport must institute safeguards to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by this office. G. L. c. 66, §§ 1, 8, 13, 15. I advise the Airport to review the records retention materials available online at www.sec.state.ma.us/arc/arcrmu/rmuidx.htm. Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that a representative from the Airport is working to provide a supplemental response aimed at addressing the concerns that Mr. Dupont outlined in his appeal. Accordingly, the Airport is ordered to provide Mr. Dupont with a written response. Said response shall be made in 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

Diane Tavares SPR19/983 Page 2 May 22, 2019 accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Dupont may appeal the substantive nature of the Airport's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael Dupont