Brian Keaney v. Medway, Town of - Public Schools (SPR 20160395)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 22, 2016 SPR16/395 Mr. Robert Pearl Athletic Director Medway Public Schools 88 Summer Street Medway, MA 02053 Dear Mr. Pearl: I have received the petition of Brian Keaney appealing the response of the Medway Public Schools (School) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Keaney requested all correspondence, including emails, faxes, letters, or other, in the last three months between you and three (3) School employees. You provided a response; however, Mr. Keaney appealed under the belief that the response did not contain all responsive documents. In response to an email query by a member of my staff, in an email dated June 16, 2016 you stated that all responsive records have been provided. The duty of a custodian of records to comply with requests for information extends only to records that exist and are in the custodian's custody. G. L. c. 4, § 7(26) (defining "public records" as those non-exempt materials made or received by a public employee); see also 950 C.M.R. 32.03 (defining "custodian" as the public employee with routine access to or control of public records). Accordingly, whereas all records responsive to Mr. Keaney's request have been provided I will consider this administrative appeal closed. cc: Mr. Brian Keaney OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre