Judith Sarno v. Belmont, Town of - Town Administrator (SPR 20201337)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 24, 2020 SPR20/1337 Patrice Garvin Town Administrator Town of Belmont 455 Concord Avenue Belmont, MA 02478 Dear Ms. Garvin: I have received the petition of Judith Sarno appealing the response of the Town of Belmont (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Sarno requested “all Records, supporting documentation, including emails, letters, memos, addendum's, amendments, etc. that involve the change of hours also called ‘summer hours’ for the DPW.” The Town provided a response to Ms. Sarno, producing responsive records in the form of emails involving town officials and a memorandum of understanding between the Town and AFSCME 93, Local 408. Unsatisfied with the Town’s response, Ms. Sarno petitioned this office and this appeal, SPR20/13337, was opened as a result. Current Appeal In her appeal petition, Ms. Sarno disputes whether the Town possesses additional records, indicating that she believes the Town should possess additional documents regarding the practice of summer hours, as well as the implementation of summer hours in prior years. Subsequent to the opening of this appeal, on August 17, 2020 the Department provided a supplemental response, including several additional records covering prior years, and indicating that it does not possess any additional responsive records. The Department provided additional information explaining that the records suggested by Ms. Sarno do not exist. No Duty to Create a Record Under the Public Records Law, a records custodian has no obligation to create a record in response to a public records request. The duty to comply with requests for records extends to 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

Patrice Garvin SPR20/1337 Page 2 August 24, 2020 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). In its August 17th letter, the Town states that “[i]f Ms. Sarno submits a request for additional documents, we would be happy to provide them to the extend they exist.” This office encourages the parties to communicate to facilitate providing Ms. Sarno with the records she seeks. See G. L. c. 66, § 10(b)(vii) (an agency or municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably). Accordingly, whereas the Department has informed Ms. Sarno that it does not possess additional responsive records, I will consider this administrative appeal closed. If Ms. Sarno is not satisfied with the result of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Judith Sarno