Timothy J. Morse v. Greenfield, City of - City Clerk (SPR 20192413)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 17, 2019 SPR19/2413 Kathryn J. Scott Greenfield City Clerk City of Greenfield 14 Court Square Greenfield, MA 01301 Dear Ms. Scott: I have received the petition of Timothy Morse appealing the response of the City of Greenfield (City) to his request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Morse requested 9 categories ofrecords regarding "Ina P. Morse Estate." Unsatisfied with the City's response, Mr. Morse petitioned this office and this appeal was opened as a result. Previous Appeals This request was the subject of a previous appeal. See SPRl 9/1834 Determination of the Supervisor of Records (September 23, 2019); SPR19/1963 Determination of the Supervisor of Records (October 8, 2019); SPR19/2069 Determination of the Supervisor of Records (October 24, 2019). In my October 24th determination, the appeal was closed after the City indicated their intention to provide Mr. Morse with a response aimed at addressing the concerns outlined in his appeal. Tile City's October 241 Response " In its October 24th response, the City provided Mr. Morse with responsive records and indicated that there were no responsive documents for other portions of his request. Fmiher, the City responded to Mr. Morse's other inquiries outlined in his request and did not indicate they were withholding any records No Duty to Create Records Please be advised, under the Public Records Law the City is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public 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

Kathryn J. Scott SPR19/2413 Page 2 December 17 , 2019 employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Atty Gen. 157, 165 (May 18, 1977). 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 of records at the time of the request. See G. L. c. 66, § lO(a)(ii). Conclusion Whereas the City has provided responsive documents and indicated that it does not possess additional responsive records, accordingly, I will consider this administrative appeal closed. Sincerely, ~ a y ~ Supervisor of Records cc: Timothy Morse