Elizabeth Sharp v. Lenox, Town of - Police Department (SPR 20213270)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 28, 2021 SPR21/3270 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). On September 17, 2021, Ms. Sharp requested “documents — all of which are referred to by the Officers themselves within their reports — that have been removed from the public record.” The Department provided a response on September 20, 2021. Unsatisfied with the Department’s response, Ms. Sharp petitioned this office and this appeal, SPR21/3270, was opened as a result. The Department’s September 20th Response In its response on September 20, 2021, the Department stated the records Ms. Sharp requested have already been previously provided to her or there was no additional records in the Department’s possesion. 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. Att’y 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). Subsequently, I learned that the Department provided a further response to Ms. Sharp’s appeal on December 20, 2021. Where the basis of this appeal was opened as a result of the Department’s September 20th response, I will now consider this administrative appeal closed. Ms. Sharp may appeal the substantive nature of the Department’s December 20th response within ninety days. See 950 C.M.R. 32.08(1). 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 SPR21/3270 Page 2 December 28, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Elizabeth Sharp Stephen E. O’Brien, Chief of Police