Edward P. Sinni, Jr. v. Concord, Town of - Building Department (SPR 20202510)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 30, 2020 SPR20/2510 Ray Matte Building Commissioner Town of Concord Building Department 141 Keyes Road Concord, MA 01742 Dear Mr. Matte: I have received the petition of Edward Sinni appealing the response of the Town of Concord Building Department (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on October 14, 2020, Mr. Sinni requested “the tolerances required for the installation and safe operation of fire escapes like I have here at 21 Concord Greene Unit 4.” On October 15, 2020 the Town responded. Unsatisfied with the response, Mr. Sinni petitioned this office and appeal SPR 20/2510 was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). The Town’s October 15th Response In the Town’s October 15th response, it asserted it is “not aware of any documents that would define the tolerances required for the installation and safe operations of fire escapes like yours.” 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

Ray Matte SPR20/2510 Page 2 December 30, 2020 Current Appeal Under the Public Records Law, 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). 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). Based on a conversation between a staff member of the Public Records Division and a Town representative, the Town confirmed that no records responsive to the request exist. Order Accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Edward Sinni