Quan Doe v. Office of the Secretary of the Commonwealth - Administrative Services Division (SPR 20212432)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 29, 2021 SPR21/2432 Valerie Connolly Records Access Officer Secretary of the Commonwealth Administrative Services Division One Ashburton Place, Room 1710 Boston, MA 02108 Dear Ms. Connolly: I have received the petition of Quan Doe appealing the response of the Administrative Services Division (Division) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 12, 2021, Mr. Doe requested certain “…names and titles, the personnel files, commissions, surety bonds/insurance, arrest records, FARA disclosures and any possible membership/ corporate conflicting interests in organizations/ businesses...” The Division responded on June 2, 2021. Contending he did not receive all requested records, Mr. Doe petitioned this office and SPR21/2432 was opened as a result. In his September 20th appeal, Mr. Doe stated, “[w]e still have not received any requested information.” However, in a September 23rd supplemental response, the Division asserted, “… all responsive records in our possession have been provided.” No Duty to Create Records Please be advised, under the Public Records Law the Division is not required to create a record in response to a public records request. See G. L. c. 66, §6A(d). 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). Conclusion Where the Division does not possess any further records responsive to Mr. Doe’s request and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Doe is not satisfied with the resolution of this administrative appeal, he is 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

Valerie Connolly SPR21/2432 Page 2 September 29, 2021 advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G.L. c. 66 §10(A)(c). Sincerely, ~.rJA. __ ~, - . . ' '·' . · - ·. Rebecca S. Murray Supervisor of Records cc: Quan Doe