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Roberto Santiago v. Board of Registration in Medicine (SPR 20200059)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 01-13-2020
ClosedAppealDecision
SPR 20200059 is a Massachusetts Public Records Law appeal filed by Roberto Santiago concerning records held by Board of Registration in Medicine, opened 01-13-2020. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20200059
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Roberto Santiago
- Custodian
- Board of Registration in Medicine
- Date Opened
- 01-13-2020
- Date Closed
- 01-16-2020
- Petitions Regarding Fees
- No
- Went to Court
- No
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records : January 16,2020 SPR20/0059 Robert E. Harvey Division of Law & Policy Board of Registration in Medicine 200 Harvard Mill Square, Suite 330 Wakefield, MA 01880 Dear Mr. Harvey: I have received the petition of Roberto Santiago appealing the response of the Board of Registration in Medicine (Board) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Santiago requested “the complaint file regarding Sacheen Carr-Ellis, M.D.” The Board provided a response on January 10, 2020, indicating there are no responsive documents to his request. Unsatisfied with the Board’s response, Mr. Santiago petitioned this office and this appeal, SPR20/0059, was opened as a result. While this appeal was pending, the Board called our office on January 16, 2019, to confirm they conducted a second search and there are no responsive records to Mr. Santiago’s request. No duty to create records Under the Public Records Law, the Board 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, § 10(a); 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. 4, § 7(26). 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 Robert E. Harvey SPR20/0059 Page 2 . January 16, 2020 Conclusion Accordingly, whereas the Board confirmed it does not possess records responsive to Mr. Santiago’s request, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Roberto Santiago