Rachel Smith v. Somerset, Town of (SPR 20210759)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 7, 2021 SPR21/0759 Richard Brown Town Administrator Town of Somerset 140 Wood Street Somerset, MA 02726 Dear Mr. Brown: I have received the petition of Rachel Smith appealing the response of the Town of Somerset (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 12, 2021, Ms. Smith requested “emails between the C[ouncil] O[n] A[ging] director and [Town Administrator], and any other party involved in the decision to postpone the COA corned beef sandwiches luncheon. Specifically - the reason why this event had to be postponed.” The Town responded on March 18, 2021, stating that it had “no information responsive to this request.” Unsatisfied with the Town’s response, Ms. Smith appealed and this case was opened as a result. Current Appeal In her appeal petition, Ms. Smith contends that the Town’s “response is non-responsive and is in conflict with the public records laws.” Subsequent to the intervention by a staff attorney of the Public Records Division, I learned that the Town does not possess records responsive to Ms. Smith’s request. In an email to this office on March 29, 2021, the Town explained “[t]he COA director is authorized to schedule events that occur at the COA. The director would also be empowered to make adjustments to the schedule as needed.” The Town further confirmed “[t]here are no emails concerning the scheduling or postponement of a corned beef dinner at the COA.” Records in Existence 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

Richard Brown SPR21/0759 Page 2 April 7, 2021 Conclusion Where the Town confirmed that it does not possess records responsive to Ms. Smith’s request, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Rachel Smith