Leo, Alan v. Essex Agricultural and Technical High School (SPR 20150728)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 4, 2015 SPRlS/728 Joshua R. Coleman, Esq. Collins, Loughran & Peloquin, P.C. 320 Norwood Park South Norwood, MA 02062 Dear Attorney Coleman: I have received the petition of Alan Leo appealing the response of Essex Agricultural and Technical High School to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Leo requested a copy of the current employment contract of Superintendent Dan 0' Connell; the employment contracts of the last superintendents of Essex Agricultural and Technical High School, Peabody Technical High School, and North Shore Technical High School (including Superintendent O'Connell's previous contract) and Superintendent O'Connell's separation agreement. On August 17, 2015, as Legal Counsel for the Essex North Shore Agricultural and Technical School District (District) you provided Mr. Leo with the employment contracts in response to Mr. Leo's request number two. You informed Mr. Leo that the District has no records responsive to his requests for the current employment contract and separation agreement for Superintendent O'Connell, and for employment contracts for Superintendents' of Peabody Technical High School, as the District is not the custodian of records for Peabody Public Schools. A record holder's duty to comply with requests for information extends only to those records which exist and are in his custody. See G. L. c. 4, § 7 (26). There is no obligation to create a record in response to a public records request. G. L. c. 66, § 1 0( a); 32 Op. Att'y Gen. 157, 165 (May 18, 1977). The basis of Mr. Leo's appeal was that the District has not provided the current employment agreement of Superintendent O'Connell. On September 9, 2015, Mr. Leo states he was told that the District committee did not recognize the existence of a valid employment contract, and that this is because there was no agreement signed by the full committee. After this appeal was opened, you provided Mr. Leo with the 2014-2015 signed employment contract for Superintendent O'Connell via email on October 9. The District waived the public record fees for complying with Mr. Leo's request for a copy of the employment agreement. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Joshua R. Coleman, Esq. SPR15/728 Page Two December 4, 2015 Accordingly, whereas Mr. Leo was provided with the esponsive records, this administrative appeal is closed. cc: Mr. Alan Leo