Sharon Riddick v. Office of the Secretary of the Commonwealth - Administrative Services Division (SPR 20222258)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 14, 2022 SPR22/2258 Valerie Connolly Records Access Officer Office of the Secretary of the Commonwealth 1 Ashburton Place, Room 1710 Boston, MA 02108 Dear Ms. Connolly: I have received the petition of Sharon Riddick appealing the response of the Office of the Secretary of the Commonwealth (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 27, 2022, Ms. Riddick requested , “[t]he surety bond company name that holds the municipal bond for the city of Boston [and] [t]he surety bond company name that holds the judicial bond or public official for Massachusetts Public Officials.” On September 30, 2022, the Office provided a response. Unsatisfied with the Office’s response, Ms. Riddick petitioned this office and this appeal, SPR22/2258, 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); 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). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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 SPR22/2258 Page 2 October 14, 2022 The Office’s September 30th response In its September 30, 2022 response, the Office stated, that there were “no responsive records.” No Duty to Create Records 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). Conclusion Where the Office does not possess any records responsive to Ms. Riddick’s request, and has no duty to create records responsive to the requests, I will now consider this administrative appeal closed. If Ms. Riddick 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, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Sharon Riddick