Daniel G. Bowen v. Marshfield, Town of - (SPR 20200266)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray S11pe11iisor ofR ecords February 27, 2020 SPR20/0266 N arice A. Casper II Town Clerk/Records Access Officer Town of Marshfield 870 Moraine Street Marshfield, MA 02050 Dear Narice Casper: I have received the petition of Daniel Bowen appealing the response of the Town of Marshfield (Town) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on December 2, 2019, Mr. Bowen requested information pertaining to reclassification of clerical and supervisory positions and the Grade/Step for the reclassification. On February 11, 2020, the Town provided Mr. Bowen with the existing records that are responsive to his December 2nd request. In its response, the Town informed Mr. Bowne that it does not necessarily maintain the requested records in the requested format The Town was not able to provide the records as specifically requested. However, the Town provided Mr. Bowen with a compilation of records pertaining to Grade and Step classification. Under the Public Records Law, 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). There is no obligation to create a record in response to a public records request. 32 Op. Att'y Gen. 157, 165 (May 18, 1977). In his December 18, 2019 request, Mr. Bowen asked for the job titles and hourly rates of pay for all clerical and supervisory employees as of June 30, 2019 and December 14, 2019. After paying the Town for the records, Mr. Bowen still had not been provided with the job titles and hourly rate records. On February 11, 2020, Mr. Bowen petitioned the Supervisor, and this appeal was opened. After this appeal was opened, on February 191 h, the Town's Legal Counsel Caitlin C. Morey of Clifford & Kenny, LLP contacted a Senior Attorney in the Public Records Division. In the February 19th discussion, Attorney Morey explained that the Town did not have the reclassification records in the format requested, but on February 11th, provided Mr. Bowen with the records that did exist. Attorney Morey also informed this office that the Town will provide 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

Narice A. Casper II SPR20/0266 Page 2 February 27, 2020 the job titles and rates of pay for the clerical and supervisory employees in response to Mr. Bowen's December 18th request and in the Excel format he requested. Conclusion By email on February 26, 2020, Attorney Morey provided Mr. Bowen with all the records responsive to his December 18th in his preferred format. Accordingly, I will consider this appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Caitlin Morey, Esq., Clifford & Kenny, LLP Daniel G. Bowen