Carlotta Huggins v. Natick, Town of - Building Department (SPR 20240791)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 27, 2024 SPR24/0791 Vincent Sarnosky Senior Building Inspector Natick Building Department 13 East Central Street Natick, MA 01760 Dear Mr. Sarnosky: I have received the petition of Carolina Huggins appealing the response of the Natick Building Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 13, 2024, Ms. Huggins requested, “the document of the state wiring inspection that was completed on Feb 7th.” The Department provided a response on March 13, 2024. Unsatisfied with the Department’s response, Ms. Huggins petitioned this office and this appeal, SPR24/0791, 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, § l0A(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

Vincent Sarnosky SPR24/0791 Page 2 March 27, 2024 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department’s March 13th Response In its March 13, 2024 response, the Department provided responsive records. Subsequent to the opening of this appeal, on March 14, 2024, the Department sent additional records to Ms. Huggins and stated, “after talking with the Town of Natick Electrical today, we searched through some more records and we were able to find an inspection report for the electrical work that was done at [a specified address] recorded on February 7, 2024.” Current appeal In her appeal, Ms. Huggins states, “I did receive the initial request but have not received documents of the installment of the furnace nor have I received the documents of the Natick State Building/wiring Inspector that was filed on Feb 7th.” In an email sent to this office on March 17, 2024, Ms. Huggins states, “[the Department] did state the furnace is extremely old… I did receive a copy of the Natick Department of Inspector report of the cross wiring… I’m still waiting for the date of the installment of the furnace.” 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 the 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. Att’y Gen. 157, 165 (May 18, 1977). Based upon a conversation between a Public Records Division staff member and a Department representative, the Department confirmed that it has no additional records responsive to the request. Conclusion Where the Department does not possess any additional records responsive to the March 13th request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Huggins is not satisfied with the resolution of this

Vincent Sarnosky SPR24/0791 Page 3 March 27, 2024 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: Carolina Huggins