Christopher Adamchek v. Carlisle, Town of - Office of the Town Administrator (SPR 20220756)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 11, 2022 SPR22/0756 Alexander B. Rubin, Esq. Miyares and Harrington, LLP 40 Grove Street, Suite 190 Wellesley, MA 02482 Dear Attorney Rubin: I have received the petition of Christopher Adamchek appealing the response of the Town of Carlisle (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 13, 2021, Attorney Adamchek sent an email Notice of Suit to the Town, and referenced paragraph 17 of the 18-paragraph of the Notice of Suit, requesting: “…the current declaration page for the [Town], as well as the contracts between the law firms that have been representing the [Town] in this matter.” Prior appeal The December 13, 2021 request was the subject of a prior appeal. See SPR22/0032 Determination of the Supervisor (January 20, 2022). Claiming to not yet have received a response, Attorney Adamchek petitioned the Supervisor of Records (Supervisor) and SPR22/0032 was opened. Despite being notified of the opening of the appeal, it remained unclear whether the Town provided a response. As such, I ordered the Town to provide Attorney Adamchek with a response. Current appeal With its March 24th response, the Town provided a copy of the declaration page. In addition, the response indicated, “[t]he Town is not in possession of any contracts between the insurance carrier (MIIA Property and Casualty Group, Inc.) and any law firms. MIIA contracts directly with the attorneys it hires.” As a result of the response, Attorney Adamchek petitioned the Supervisor, and the current appeal was opened. No duty to create records On April 7, 2022, the Town provided a supplemental response in which it confirmed 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

Alexandra B. Rubin, Esq. SPR22/0756 Page 2 April 11, 2022 “there is no contract between the Town and the firm.” Attorney Adamchek is 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). 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 confirmed that it does not possess any additional records responsive to Attorney Adamchek’s request, and has no duty to create records responsive to the requests, I will now consider this administrative appeal closed. If Attorney Adamchek is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b). Sincerely, Rebecca S. Murray Supervisor of Records cc: Christopher Adamchek