Walt Thompson v. Newburyport, City of - Office of the City Clerk (SPR 20241809)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 1, 2024 SPR24/1809 Richard B. Jones City Clerk City of Newburyport 60 Pleasant Street Newburyport, MA 01950 Dear Mr. Jones: I have received the petition of Walt Thompson appealing the response of the City of Newburyport (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 19, 2024, Mr. Thompson requested the following in regards to an investigation referenced by the Daily News Newburyport on June 12, 2023: [1.] [T]he interview dates and times… and… a copy of the questions that were asked in that investigation[;] [2.] [W]hat were the results of that investigation and when was the investigation concluded? The City provided a response on June 20, 2024. Unsatisfied with the City’s response, Mr. Thompson petitioned this office and this appeal, SPR24/1809, was opened as a result. The City’s June 20th Response In its June 20, 2024 response, the City states, “no responsive investigative documents exist.” Current Appeal In his appeal, Mr. Thompson explains that “[o]n June 12, 2023 in the Daily News Newburyport, there appeared an article… entitled: REARDON PAUSES LIBRARY VOLUNTEER PROGRAM…. Sean Reardon is the current mayor of the City of Newburyport. He was the mayor on 6.12.23.” Mr. Thompson further asserts that the June 12, 2023 article referenced an “investigation” and that, to date, he has “not seen anything since re [sic] [‘]investigation.[’]” 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

Richard B. Jones SPR24/1809 Page 2 July 1, 2024 No Duty to Create Records, Answer Questions Under the Public Records Law, the City is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 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). Consequently, the City has no duty to create records responsive to Mr. Thompson’s request. Additionally, where Mr. Thompson submitted to the City a question in Item 2 of his request, I find the City has no duty under the Public Records Law to answer such question. In a conversation between a Public Records Division staff member and a City representative on June 26, 2024, the City confirmed that it has no records responsive to the request. Conclusion Accordingly, where the City has confirmed that it does not possess responsive records, has no duty to create records responsive to the request, and has no duty to answer questions, I will now consider this administrative appeal closed. Mr. Thompson 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: Walt Thompson