Daniel Crevier v. Methuen, City of - City Clerk (SPR 20201268)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 12, 2020 SPR20/1268 John J. Wilson, Jr., Esq. City of Methuen Office of the City Clerk 41 Pleasant Street Methuen, MA 01844 Dear Attorney Wilson: I have received the petition of Daniel Crevier appealing the response of the City of Methuen Office of the City Clerk (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on February 4, 2020, Mr. Crevier requested certain communication records of Councilors James McCarty and Steven Saba, within the possession of the City. Previous Determination This request is the subject of a previous appeal. See SPR20/0641 Determination of the Supervisor of Records (April 22, 2020). In my April 22nd determination, I found it was unclear how Exemption (c) applies to the withheld records and ordered the City to provide a response that specifically explains how the exemption applies to the records at issue. See G. L. c. 66, § 10(b)(iv). The City provided a response on May 7, 2020 to Mr. Crevier. Unsatisfied with the response provided, Mr. Crevier petitioned this office and this appeal, SPR20/1268, was opened as a result. Current Appeal In a letter to the City dated June 1, 2020, Mr. Crevier indicates his dissatisfaction with the City’s May 7th correspondence. It is my understanding the City provided a further response dated August 11, 2020 to Mr. Crevier explaining the City “researched previous responses to the original request and the subsequent appeal, which the Bureau was copied on, and can confirm that both City Councilors 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

John J. Wilson, Jr., Esq. SPR20/1268 Page 2 August 12, 2020 Saba and McCarty confirmed for me – now multiple times – that they compiled with the request and responded fully.” Under the Public Records Law, the City is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Accordingly, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Daniel Crevier