Roberto Santiago v. Board of Registration in Medicine (SPR 20200077)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 24, 2020 SPR20/0077 Robert E. Harvey, Esq .. Board Counsel Board of Registration in Medicine 200 Harvard Mill Square, Suite 330 Wakefield, MA 01880 Dear Attorney 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, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on January 9, 2020, Mr. Santiago requested a complaint file of an identified physician. Prior appeal and determination The requested file was the subject of a prior appeal and determination. See SPR20/0059 Determination of the Supervisor of Records (Supervisor). On January 10, 2020 the Board provided a response indicating there are no responsive documents to Mr. Santiago's request. On January 16, 2020, you confirmed by telephone that the Board conducted a second search, informing this office that there are no records responsive to Mr. Santiago's request. Whereas the Board confirmed in its January 1o th response and by telephone on January 161 h that it has no records responsive to the request, I closed appeal SPR20i0059. Current appeal Another appeal relating to this matter was opened after Mr. Santiago emailed this office regarding the same requested records. In his January I 0111 email, Mr. Santiago contends, "I think all the complaints were not sent to me whether frivolous or not. Please obtain them ... " As a result, appeal SPR20/0077 was opened. In the Board's prior response on January 101 h, you informed Mr. Santiago, '1[t]his physician does not have a complaint history with [the Board], therefore there are no responsive documents to this request." By telephone on January 23rd you again confirmed 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, Esq. SPR20/0077 Page 2 January 24, 2020 to a Senior Attorney in the Public Records Division that after several diligent searches, the Board has no records responsive to the request pertaining to the identified physician.· No responsive records Under the Public Records Law, the Board is not required to create records 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, § IO(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 ofrecords at the time of the request. See G. L. c. 4, § 7(26). Conclusion Accordingly, whereas the Board again confirmed that it has no records responsive to Mr. Santiago's request, I consider this administrative appeal closed. Sincerely, ~r~ Supervisor of Records cc: Roberto Santiago