Steve Boutin v. City of Chicopee Law Department (SPR 20200461)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 9, 2020 SPR20/0461 Christine Pikula, Esq. City of Chicopee, Law Department City Hall, Market Square 17 Springfield Street Chicopee, MA 01013-2776 Dear Attorney Pikula: I have received the petition of Steve Boutin appealing the response of the City of Chicopee (City) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Boutin contacted the City asking several questions. The City responded indicating that the "city does not provide legal advice on behalf of the public." Additionally, in an email dated March 9, 2020, the City indicated that responsive documents have previously been provided. No duty to create records Under the Public Records Law, the City 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). Mr. Boutin asked several questions that do not appear to pertain to accessing public records. Therefore, the City is not required to respond under the Public Records Law. Conclusion Accordingly in light of the above, I consider this administrative appeal closed. 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

Christine Pikula, Esq. SPR20/0461 Page 2 March 9, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Steve Boutin