Elizabeth Sharp v. Lenox, Town of - Police Department (SPR 20211073)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 10, 2021 SPR21/1073 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 an identified file. Previous appeal This request was the subject of a previous appeal. See SPR21/0703 Determination of the Supervisor of Records (April 30, 2021). SPR21/0703 was closed after this office was notified that the Department had provided a response on March 23, 2021. Unsatisfied with the Department’s response, Ms. Sharp petitioned this office and this appeal, SPR21/1703, was opened as a result. Department’s March 23rd Response In the Department’s response on March 23, 2021, it stated “records were provided in a timely manner” to Ms. Sharp. The Department also determined that “amendments to those records were not necessary.” Ms. Sharp contends the Department was withholding documents and the Department needed to “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). 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

Marge Pero SPR21/1073 Page 2 May 10, 2021 Subsequently, I learned that the Department provided a further response to Ms. Sharp’s appeal on May 10, 2021. Where 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. Sharp may appeal the substantive nature of the Department’s May 10th response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Elizabeth Sharp