Daniel LeClair v. Springfield, City of (SPR 20202117)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 16, 2020 SPR20/2117 Kathleen T. Breck Deputy City Solicitor City of Springfield Law Department 36 Court Street, Room 210 Springfield, MA 01103 Dear Attorney Breck: I have received the petition of Attorney Daniel LeClair appealing the response of the City of Springfield (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Attorney LeClair requested a copy of a particular Emergency Medical Services radio transmission dated November 7, 2019. The Department responded on October 22, 2020, stating that it is unable to locate a record responsive to this request. Unsatisfied with this response, Attorney LeClair petitioned this office and this appeal, SPR20/2117, was opened as a result. Current Appeal In its October 13, 2020 response, the Department states that it conducted a search of “CMED recordings for the record you requested, based on the date and Ambulance provider you identified.” After Attorney LeClair provided an estimated time frame for the call, the City indicates that it conducted another search, but “could not locate any CMED transmission from the Longmeadow Fire Department to Mercy Hospital from the Agawam transport address…provided.” Subsequent to the opening of this appeal, in a November 5, 2020 phone conversation with a staff attorney of the Public Records Division, the City confirmed that it does not possess the requested record. 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 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). 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

Kathleen T. Breck, Esq. SPR20/2117 Page 2 November 16, 2020 Accordingly, whereas the City has confirmed that it does not possess the requested record, I will consider this administrative appeal closed. If Attorney LeClair 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: Daniel LeClair, Law Office of Francis W. Bloom