Sydney Hager v. Lynn, City of - Law Department (SPR 20200426)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 10, 2020 SPR20/0426 James Lamanna Records Access Officer City Solicitor's Office City of Lynn 3 City Hall Square Lynn, MA 01901 Dear Mr. Lamanna: I have received the petition of Sydney Hager appealing the response of the City of Lynn (City) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Hager requested the Town's "the City of Lynn's 311 data." The City provided a response indicating that the City had no records responsive to her request, nor has the City implemented a "311 call system." Unsatisfied with the City'.s response, Ms. Hager petitioned this office and SPR20/0426 was opened as a result. In her appeal, Ms. Hager contends "Lynn does memorialize and store records of non emergency calls for service." In its February 20, 2020, response the City indicated "[o]ur office receives hundreds of calls per week. We offer the best advice or guidance we can over the phone. We do not hang up the phone and memorialize the call in writing." Subsequent to the opening of this appeal, the City provided an additional response on February 28, 2020, indicating "[t]he City has responded to this request. The City does not have a 311 system." No duty to create records a Under the Public Records Law, the City is not required to create a record in response to 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, § 1O (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

James Lamanna SPR20/0426 Page 2 March 10, 2020 Conclusion Accordingly, whereas the City provided a written response that it does not possesses responsive records to Ms. Hager request, I will consider this administrative appeal closed. Sincerely, ~.~ Supervisor of Records cc: Sydney Hager