Elizabeth Sharp v. Lenox, Town of - Police Department (SPR 20210703)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 30, 2021 SPR21/0703 Marge Pero Administrative Assistant Lenox Police Department 6 Walker Street, Suite 1 Lenox, MA 01240-2741 Dear Ms. Pero: I have received the petition of Elizabeth Sharp appealing the response of the Lenox Police Department (Department) to a request for public records. G. L. c. 66, §10A; see also 950 C.M.R. 32.08(1). Ms. Sharp requested her “complete file” with the Department. The Department provided a response on January 19, 2021. Ms. Sharp appealed the Department’s response to this office and requested that the Department make amendments to the file. Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, §6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Atty Gen. 157, 165 (May 18, 1977). 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). Subsequently, I learned that the Department provided a further response to Ms. Sharpe on March 23, 2021. Whereas the basis of this appeal was opened as a result of the Department’s March 23rd response, I will now consider this administrative appeal closed. Ms. Sharpe may appeal the substantive nature of the Department’s March 23rd response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Elizabeth Sharp 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