Fisher, Damien v. Winchendon, Town of - Public Schools (SPR 20140776)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 13, 2015 SPR14/776 Dr. Salah E. Khelfaoui, PhD Superintendent of Schools Winchendon Public Schools 175 Grove Street Winchendon, MA 014 7 5 Dear Dr. Khelfaoui: I have received the petition ofDamien Fisher of the Gardner News, Inc. appealing the nonresponse of the Winchendon Public School District (School District) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Fisher requested a copy of three categories of records regarding two specifically identified individuals. Having received no response, Mr. Fisher petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days ofthe request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The School District is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. To date, Mr. Fisher has not received a written response to his request. I find that the School District has failed to meet its burden under the Public Records Law. Accordingly, the School District is hereby ordered to provide Mr. Fisher with a detailed, written response within ten ( 10 ) days, prepared in a manner consistent with the specificity requirements of the Public Records Law and its Regulations. This appeal is closed. Mr. Fisher may appeal the substantive nature of the Schoo District's response within ninety (90) days. See 950 C.M.R. 32.08(2). ( aw Supervisor ofRecords cc: Mr. Damien Fisher One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre