John Geddis v. Weymouth, Town of - Fire Department (SPR 20240014)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 16, 2024 SPR24/0014 Keith Stark Fire Chief Weymouth Fire Department 636 Broad Street Weymouth, MA 02189 Dear Chief Stark: I have received the petition of John Geddis appealing the response of the Weymouth Fire Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 29, 2023, Mr. Geddis requested “an opportunity to obtain copies of public records that align to [his] medical emergency on 6/15/2022 at [a specified address].” Mr. Geddis also requested “a copy of names of the individuals who accessed and/or obtained a copy [of] [his] NFIRS report, detailed with why access was supplied and what the reason for requesting access to invade [his] privacy from the requestor was.” The Department provided a response on January 5, 2024. Unsatisfied with the response, Mr. Geddis petitioned this office and this appeal, SPR24/0014, 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

Keith Stark SPR24/0014 Page 2 January 16, 2024 Current appeal In his appeal, Mr. Geddis states that he is “being prevented from access[ing] [his] own information because this organization abused it[s] power to illegally and criminally access [his] medical emergency information and distribute records to public individuals.” The Department’s January 5th response In its January 5, 2024 response, the Department states that it “supplied [Mr. Geddis], and only [Mr. Geddis], with [an] incident report on 9/15/2022.” The Department further states that “[s]ince then, [it] [has] not received any further requests for this information except from [Mr. Geddis].” In a telephone conversation between a representative of the Department and a staff attorney of this Division, the Department confirmed that it has no additional records responsive to this request. No Duty to Create Records Please be advised, under the Public Records Law the Department 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 Department does not possess any additional records responsive to Mr. Geddis’ request and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Geddis 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, Manza Arthur Supervisor of Records cc: John Geddis