Larisa Mironova v. Agawam Law Department (SPR 20200424)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 9, 2020 SPR20/0424 Stephen J. Buoniconti, Esq. Agawam Law Department 36 Main Street Agawam, MA O1 001 Dear Attorney Buoniconti: I have received the petition of Larisa Mironova appealing the response of the Town of Agawam (Town) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Mironova contacted the Town asking several questions. In a letter dated February 21, 2020, the Town responded saying that the "Office of Inspection Services does not provide legal advice ... [and that] such a request is beyond the authority of that department." Shortly after, Ms. Mironova petitioned this office and this appeal was opened. No duty to create records Under the Public Records Law, the Town is not required to create a list of records or any 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, § 6A(d); 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. 66, § lO(a)(ii). Ms. Mironova asked several questions that do not appear to pertain to accessing public records. Therefore, the Town is not required to respond under the Public Records Law. February 7'" Request to Town Clerk In a hand delivered request, also dated February 7, 2020, Ms. Mironova requested various records pertaining to approved and denied Class II dealer licenses. In that request, a fee estimate was provided and a petition for an extension of time approved. See SPR20/0293 Determination of the Supervisor of Records (February 24, 2020). In my February 24th determination, I indicated that the Town had met its burden for an additional 30 business day extension. It is my understanding that Ms. Mironova has yet to reply to the fee estimate or the request from the Town to narrow the scope of records sought. 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

Stephen Buoniconti, Esq. SPR20/0424 Page 2 March 9, 2020 Conclusion Accordingly in light of the above, I consider this administrative appeal closed. Sincerely, ~ I T ~ Supervisor of Records cc: Larisa Mironova