Paul R. Moore v. MA Registry of Vital Records and Statistics (SPR 20192387)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

December 10, 2019 SPR19/2387

Helen Rush-Lloyd

Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108

Dear Ms. Rush-Lloyd:

I have received the petition of Paul R. Moore appealing the response of the Registry of Vital Records and Statistics (Registry) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Moore requested a copy of a certain death certificate. Mr. Moore was informed that the Registry could not locate a death certificate for that individual based on the information provided. Unsatisfied with this response, Mr. Moore petitioned this office and this appeal, SPR 19/2387 was opened as a result.

Previous Appeals

The requested records were the subject of a previous appeal. See SPR17/637 . Determination of the Supervisor of Records (May 17, 2017). In my May 17" determination, I found that the Registry satisfied its burden in responding to a request for public records.

No responsive records

Mr. Moore was informed that there were no records responsive to his request. A member of the Public Records Division staff spoke with the Records Access Officer of the Registry who confirmed that there is no death certificate fitting Mr. Moore’s specified search criteria. Under the Public Records Law, the Registry is not required to create a record in response to a public records request. 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, § 6A(d); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii).

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

Helen Rush-Lloyd SPR19/2387 Page 2 . December 10, 2019

Conclusion

Whereas it has been confirmed that no responsive records exist, I find that the Registry satisfied its burden in responding to a request for public records. I will now consider this administrative appeal closed.

If Mr. Moore is not satisfied with the resolution of this administrative appeal, please be

_ advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies).

Qborca.

Rebecca S. Cbecea Muna _

Supervisor of Records

cc: Paul R. Moore