David Durgin v. Dudley, Town Of - Town Clerk (SPR 20202457)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 21, 2020 SPR20/2457 Lori Smith Town Clerk Town of Dudley 71 W Main Street Dudley, MA 01571 Dear Ms. Smith: I have received the petition of David Durgin appealing the response of the Town of Dudley (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Durgin requested the permits issued for 14 identified addresses in the Town. Claiming to have not received a substantive response to his request, Mr. Durgin petitioned this office and this appeal, SPR20/2457, was opened as a result. Current Appeal On December 15, 2020, the Town provided Mr. Durgin with 29 files of records responsive to his request. In a December 21, 2020 email to this office, Mr. Durgin indicated that he is seeking a particular permit for two addresses, 67 Eagle Drive and 2 Bona Drive. In a December 21st phone conversation with a staff attorney of the Public Records Division, an attorney representing the Town confirmed that the Town has produced all records responsive to this request. 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). Accordingly, whereas the Town has confirmed that it has produced all responsive records in its possession, I will consider this administrative appeal closed. If Mr. Durgin is not satisfied with the result of this administrative appeal, please be advised that this office shares jurisdiction 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

Lori Smith SPR20/2457 Page 2 December 21, 2020 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: David Durgin Michele Randazzo, Esq., K-P Law