Marc Aldana v. Department of Fire Services (SPR 20191310)

The Common,vealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords July 1, 2019 SPR19/1310 Glenn M. Rooney, Esq. Deputy General Counsel Depaiiment of Fire Services P.O. Box 1025, 1 State Road Stow, MA 01775 Dear Attorney Rooney: I have received the petition of Marc Aldana appealing the response of the Depatiment of Fire Services (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Aldana requested records related to thermite. Unsatisfied with the Department's response, Mr. Aldana petitioned this office and this appeal was opened as a result. June 28'11 Response The Department provided Mr. Aldana a response on June 28, 2019 in which they noted they were not in possession of either of the records that Mr. Aldana had requested. In Mr. Aldana's appeal to this office, he had stated that he's "seeking the Depru.iment to state 'the Department of Fire Safety [sic.] and its subsidiary departments do not regulate thermite and in addition we do not give permits or licenses to possess thermite."' Under the Public Records Law, the Depmiment is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 32 Op. Atty Gen. 157, 165 (May 18, 1977) Accordingly, I determine that the Depaiiment met its burden in responding to Aldana's request and will now consider this administrative appeal closed. Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Marc Aldana 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