Sean Sheridan v. Bridgewater, Town of - Town Clerk (SPR 20220752)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 12, 2022 SPR22/0752 Marilee Hunt Town Clerk Town of Bridgewater 66 Central Square Bridgewater, MA 02324 Dear Ms. Hunt: I have received the petition of Sean Sheridan appealing the response of the Town of Bridgewater (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 14, 2022, Mr. Sheridan requested “… any document or record that indicates the contact information for the law department for Bridgewater including a name a phone number and/or an email address [and] … any legal opinion created by the solicitor, or assign, about any issue related to a car crash which occurred on [identified date] … 2021 at approximately 9pm [for identified location] in Bridgewater MA.” The Town responded on January 18, 2022. Unsatisfied with the response, Mr. Sheridan petitioned this office and this appeal, SPR22/0752, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). 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

Marilee Hunt SPR22/0752 Page 2 April 12, 2022 The Town’s January 18th response In its response, the Town stated, “… there are no public records to be produced pursuant to your request.” No Duty to Create Records In a conversation between a Public Records Division senior attorney and a Town representative, the Town confirmed that it has no records responsive to the request. Please be advised, under the Public Records Law the Town 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). Conclusion Where the Town does not possess any records responsive to Mr. Sheridan’s request and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Sheridan is not satisfied with the resolution of this administrative appeal, he is advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(A)(c). Sincerely, Rebecca S. Murray Supervisor of Records cc: Sean Sheridan Jason Rawlins, Esq.