Sheryl Blancato v. Department of Agricultural Resources (SPR 20231167)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 12, 2023 SPR23/1167 Raquel Loayza Paralegal Massachusetts Department of Agricultural Resources 225 Turnpike Road, 3rd Floor Southborough, MA 01772 Dear Ms. Loayza: I have received the petition of Sheryl Blancato appealing the response of the Massachusetts Department of Agricultural Resources (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 10, 2023, Ms. Blancato requested the following: [1] Parvo stats from 2022 and to date 2023 [2] Panleuk stats from 2022 and to date 2023 [3]Documents showing evidence of increased disease in pets housed in pet supply store shelter run adoption centers. Prior Appeal The requested records were the subject of a prior appeal. See SPR23/0829 Determination of the Supervisor of Records (May 10, 2023). In my May 10th determination, I closed the appeal after the Department indicated that it would provide a further response. On May 10, 2023, the Department responded. Unsatisfied with the Department’s response, Ms. Blancato petitioned this office and this appeal, SPR23/1167, 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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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

Raquel Loayza SPR23/1167 Page 2 June 12, 2023 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. The Department’s May 10th response On May 10, 2023, the Department provided the responsive records. Current Appeal In her appeal petition, Ms. Blancato claimed that the Department did not provide all the responsive records. In a telephone call on June 8, 2023, between a staff member of this office and a representative of the Department, the Department confirmed that all responsive records have been provided. 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 Whereas the Department does not possess any additional records responsive to Ms. Blancato’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Blancato 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, Manza Arthur Supervisor of Records cc: Sheryl Blancato