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Neal McNamara v. Framingham, City of (SPR 20202216)
Massachusetts Public Records Appeal · Administratively closed · Filed 11-13-2020
ClosedAppealResolved
SPR 20202216 is a Massachusetts Public Records Law appeal filed by Neal McNamara concerning records held by Framingham, City of, opened 11-13-2020. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Administratively closed.
Case Details
- Case Number
- 20202216
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Neal McNamara
- Custodian
- Framingham, City of
- Date Opened
- 11-13-2020
- Date Closed
- 11-30-2020
- Date Request Submitted
- 11-12-2020
- Response Provided Date
- 11-13-2020
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 30, 2020 SPR20/2216 Todd C. Palmer Super Records Access Officer City of Framingham 150 Concord Street Framingham, MA 01702 Dear Mr. Palmer: I have received the petition of Neal McNamara of Patch.com appealing the response of the City of Framingham (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. McNamara requested a list of applications installed on City- provided cell phones for certain individuals and a list of applications installed on City-provided laptops or devices for identified individuals. In a November 13, 2020 email, the City indicated there were no lists responsive to this request. As a result of the City’s response, Mr. McNamara petitioned the Supervisor of Records (Supervisor), and this appeal was opened. 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). There is no obligation to create a record in response to a public records request. 32 Op. Att'y Gen. 157, 165 (May 18, 1977). Whereas, Mr. McNamara requested lists of applications installed on City-provided cell phones, laptops and other devices for thirteen identified individuals, and that the City has stated it does not have any such lists, I find that the City has met its burden in responding to Mr. McNamara’s request. Please note, Mr. McNamara may make a new request for other records that may be in the possession of the City. Conclusion Accordingly, I will consider this 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 Todd C. McNamara SPR20/2216 Page 2 November 30, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Neal McNamara, Patch.com