Stephen Stoute v. Attorney General's Office (SPR 20200137)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 4, 2020 SPR20/0137 Lorraine A. G. Tarrow, Esq. Assistant Attorney General/Records Access Officer Attorney General's Office One Ashburton Place Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of Stephen Stoute appealing the response of the Attorney General's Office (AGO) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on December 12, 2019, Mr. Stoute requested five categories ofrecords regarding registration statements. The AGO provided a document responsive to his request on December 19, 2019, and also indicated that the AGO had no records responsive to the remainder of his request. Unsatisfied with the AGO's response, Mr. Stoute petitioned this office and SPR20/0137 was opened as a result. While this appeal was pending, it is my understanding the AGO confirmed it does not possess additionalrecords responsive to Mr. Stoute's request. No duty to create records Under the Public Records Law, the AGO 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, § lO(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

Lorraine A. G. Tarrow, Esq. SPR20/0137 Page 2 February 4, 2020 Conclusion Accordingly, whereas the AGO confirmed it does not possess additional records responsive to Mr. Stoute's request, I will consider this administrative appeal closed. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Stephen Stoute