Leo, Alan v. Department of Elementary and Secondary Education (SPR 20150803)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 16,2015 SPRlS/803 Ms. Jacqueline Reis Massachusetts Department of Elementary and Secondary Education 7 5 Pleasant Street Malden, MA 02148 Dear Ms. Reis: I have received the petition of Alan Leo appealing the nonresponse of Massachusetts Department of Elementary and Secondary Education (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Leo requested "Annual audits (EOYRs) as well as management letters or DESE Compliance Supplement Questionnaires for three districts: North Shore Tech, Essex Tech, and Essex Aggie, since 2010." Having received no response, Mr. Leo 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 of the 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. Department is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of my staff, this office was notified by you on October 27, 2015 that a response will be provided. With the proviso that response will be made within 10 days, whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Muise may appeal the substantive nature of the Department's respons within ninety (90) days. See 950 C.M.R. 32.08(2). "urs, cc: Mr. Alan Leo OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre