Joseph Viglione v. Medford, City of - Housing Authority (SPR 20220527)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 16, 2022 SPR22/0527 Jeffrey L. Driscoll, Esq. Executive Director Medford Housing Authority 121 Riverside Avenue Medford, MA 02155 Dear Attorney Driscoll: I have received the petition of Joseph Viglione appealing the response of the Medford Housing Authority (Authority) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 22, 2022, Mr. Viglione requested the following copies of records: 1. A copy of the contract with the agency or entity that handles the Domestic Violence Vouchers; 2. The page from the contract/agreement that indicates that the Authority only needs a referral from the Office of the District Attorney for these vouchers; 3. Any document from the Authority or any other entity that describes how a victim of domestic violence can obtain such a voucher; and 4. Any documents that detail the names and information on the new applicants for the Board of Directors of the Authority. In a March 4, 2022 response, the Authority informed Mr. Viglione that after a diligent and comprehensive search of the Authority’s records, no responsive records were found for Mr. Viglione’s Request Numbers 1, 2 and 3. Regarding Mr. Viglione’s Request Number 4, the Authority asserts, “…the Medford Housing Authority is not the appointing authority for the Medford Housing Authority Board of Commissioners and therefore does not maintain records that would be responsive to this request.” In addition, the Authority’s response indicates that it does not presently have a Domestic Violence Voucher Program. As a result of the Authority’s response, Mr. Viglione petitioned the Supervisor of Records, and this appeal was opened. Mr. Viglione contends, “I understand an agency handles these Section 8 Domestic Violence Vouchers. I also understand [the Authority] has access to these vouchers.” 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

Jeffrey L. Driscoll, Esq. SPR22/0527 Page 2 March 16, 2022 Mr. Viglione is advised, 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). A public entity is not required to create a record in response to a public record request. See G. L. c. 66, § 6A(d).Where the Authority has already stated that it does not currently participate in the Domestic Violence Voucher Program, and has made a diligent search for the requested records, I find that the Authority has met its burden in responding to this request. Accordingly, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Joseph Viglione