Peggy L. Chaput v. Hull, Town of - Town Clerk (SPR 20211671)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 20, 2021 SPR21/1671 Lori West Town Clerk Town of Hull 253 Atlantic Avenue Hull, MA 02045 Dear Ms. West: I have received the petition of Peggy Chaput appealing the response of the Town of Hull (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 9, 2021, Ms. Chaput requested “…the historical[sic] records, survey maps and other related maps to the building of Lynn Ave, Touraine Ave, and Newport Road adjacent and including the neighborhood there lying.” On June 10, 2021, the Town responded. Unsatisfied with the Town’s response, Ms. Chaput petitioned this office and this appeal, SPR21/1671, was opened as a result. Current Appeal In her appeal petition, Ms. Chaput contends “when cross referencing the maps I had requested to view there were…no maps to view…There were approximately 3 to 5 blank pages of missing maps in the area.” 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). In light of the issues raised in Ms. Chaput’s appeal regarding the existence of responsive records, I find it is unclear whether responsive records exist, and if they do, why they have not been provided. The Town must explain whether responsive records existed and were destroyed, or whether the records did not initially exist. See G. L. c. 66, § 10(a)(ii), (b)(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

Lori West SPR21/1671 Page 2 July 20, 2021 Order Accordingly, the Town is ordered to provide Ms. Chaput with a response to the request in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Peggy Chaput