William Fernandes v. Office of the Secretary of the Commonwealth - Administrative Services Division (SPR 20202079)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 10, 2020 SPR20/2079 Valerie Connolly Records Access Officer Secretary of the Commonwealth of MA Administrative Services Division One Ashburton Place, Room 1710 Boston, MA 02108 Dear Ms. Connolly: I have received the petition of William Fernandes appealing the response of the Office of the Secretary of the Commonwealth Administrative Services Division (Division) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Fernandes requested the 2020 interim and annual reports of the Massachusetts Inspector General. On July 28, 2020, the Division provided a response indicating that it has no records responsive to Mr. Fernandes’ request. Unsatisfied with the July 28th response, Mr. Fernandes petitioned the Supervisor of Records, and this appeal was opened. Based on a conversation between a Senior Attorney with the Public Records Division and a representative of the Division, it is my understanding the Division confirmed that it does not possess records responsive to this request. No duty to create records Under the Public Records Law, the Division is not required to create a 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, § 10(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). See G. L. c. 66, § 6A(d); see also 950 C.M.R. 32.06(3)(c)(2). 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

Ms. Valerie Connolly, RAO SPR20/2079 Page 2 November 10, 2020 Conclusion Accordingly, where the Division does not possess the requested records, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: William Fernandes