Lee Jundanian v. Uxbridge, Town of - Town Clerk (SPR 20230978)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Town Manza Arthur Supervisor of Records May 25, 2023 SPR23/0978 Kelly Dumas Town Clerk Town of Uxbridge 21 S. Main Street Uxbridge, MA 01569 Dear Ms. Dumas: I have received the petition of Lee Jundanian appealing the response of Town of Uxbridge (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 19, 2023, Mr. Jundanian requested: [1.] Broken down by Lot number and in chronological order by Lot number: [a.] The date for final approval and granting of a water connection permit (“Permit”); [b.] A copy of each such Permit; [c.] A copy of all correspondence (if not previously provided) related to the approval process for each Permit; and [d.] For each of the lots, a simple “yes” or “no” as to whether or not a cistern system is currently being used for that particular property. [2.] A copy of any and all correspondence and meeting minutes regarding the effect(s) of the installation of a cistern system on Tabor Road as it relates to the impact on water pressure for the houses currently in this water district (“Water District”). [3.] Has water pressure been impacted in the water district by the installation of a cistern system in those houses containing such a system on Tabor Road? If the answer is “yes,” please provide supporting documentation re: same. [4.] My understanding is that each of the in-house cistern systems are filled on off hours between midnight and 6:00 a.m. and that each system is 500 gallons. Please confirm that this is accurate and, if not accurate, a more detailed response regarding my understanding. 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

Kelly Dumas SPR23/0978 Page 2 May 25, 2023 Prior Appeal This request was the subject of a previous appeal. See SPR23/0716 Determination of the Supervisor of Records (April 26, 2023). In my previous determination, it was my understanding that the Town intended to provide a further response. The Town provided a response on May 10, 2023. Unsatisfied with the response, Mr. Jundanian petitioned this office and this appeal, SPR23/0978, was opened as a result. The Town’s May 10th Response In its May 10, 2023 response, the Town stated: With respect to item 1(a), the Town undertook a diligent search both prior to responding to Mr. Jundanian’s request and in response to his appeal. No responsive records were identified. With respect to item 1(b), the Permits themselves have been provided. With respect to items 1(c) and 2, correspondence relative to each approved permit and correspondence and meeting minutes relative to a cistern system on Tabor Road have been provided as they exist. No responsive records were further identified by the Town. With respect to items 1(d), 3, and 4, the Town submits that it is not required to answer questions in response to a public records request. See “A Guide to the Massachusetts Public Records Law,” February 2022, published by the Secretary of the Commonwealth, at page 41. No Duty to Create Records 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). 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). Additionally, please note that under the Public Records Law, a public employee is not required to answer questions, do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). Based upon a conversation between a Public Records Division staff member and a Town representative, the Town confirmed that it has no additional records responsive to the request. Conclusion Accordingly, where the Town has confirmed that it does not possess additional records, and has no duty to create records responsive to the request, I will now consider this administrative

Kelly Dumas SPR23/0978 Page 3 May 25, 2023 appeal closed. Mr. Jundanian is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Lee Jundanian Michael D’Ortenzio Jr., Esq.