Elizabeth Sharp v. Lenox, Town of - Police Department (SPR 20211989)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 20, 2021 SPR21/1989 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 appeals This request was the subject of previous appeals. See SPR21/0703 Determination of the Supervisor of Records (April 30, 2021); SPR21/1703 Determination of the Supervisor of Records (May 10, 2021). SPR21/1703 was closed after this office was notified that the Department had provided a response on May 10, 2021. Unsatisfied with the Department’s response, Ms. Sharp petitioned this office and this appeal, SPR21/1989, was opened as a result. Department’s May 10th Response In its response on May 10, 2021, the Department stated “[i]n reference to this matter, as we have indicated previously, we have provided all of the records involved with this case to the appellant.” Ms. Sharp followed-up by appealing the Department’s May 10th response seeking clarification asking, “[t]o be clear, when [the Department] say[s] [i]t provided all of the records involved with this case to the appellant, you're referring to the 7 call logs and 2 incident reports e- mailed to me by Ms. Pero January 19?” 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 SPR21/1989 Page 2 August 20, 2021 Subsequently, I learned that the Department provided a further response to Ms. Sharp’s appeal on August 19, 2021. Where the basis of this appeal was opened as a result of the Department’s May 10th 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 Stephen E. O'Brien, Chief of Police