Diane Greeley v. Newton, City of (SPR 20250788)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 1, 2025 SPR25/0788 Carol Moore City Clerk City of Newton 1000 Commonwealth Avenue Newton, MA 02459 Dear Ms. Moore: I have received the petition of Diane Greeley appealing the response of the City of Newton (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 17, 2025, Ms. Greeley requested “… all meeting minutes documented by Newton’s Community Crisis Intervention Team, from 2/1/23 – 2/21/25.” The City provided a response on March 19, 2025. Unsatisfied with the response, Ms. Greeley petitioned this office and this appeal, SPR25/0788, 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. 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. 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

Carol Moore SPR25/0788 Page 2 April 1, 2025 The City’s March 19th Response In its March 19, 2025 response, the City informed Ms. Greeley that it possessed no records responsive to her request. The City further stated that Ms. Greeley had been provided with minutes from all meetings of the Community Crisis Intervention Team in response to a prior request. Current Appeal In her March 21, 2025 petition to this office, Ms. Greeley contended that the City possessed records responsive to her request. In an email communication to this office on March 28, 2025, the City confirmed that it possessed no records responsive to Ms. Greeley’s request. The City reiterated that it had previously provided Ms. Greeley with all meeting minutes of the Community Crisis Intervention Team. 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 only 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 Given that the City possesses no records responsive to Ms. Greeley’s request, and this office has no authority to compel the City to create records, I will now consider this administrative appeal closed. If Ms. Greeley 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)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Diane Greeley