Ronald Alexander v. Wellesley, Town of - Public Schools (SPR 20170081)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 31,2017 SPR17/081 Ivria G. Fried, Esq. Miyares and Harrington LLP 40 Grove Street, Suite 190 Wellesley, MA 02482 Dear Attorney Fried: I have received the petition of Ronald Alexander appealing the response of the Town of Wellesley- Public Schools (School) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Alexander requested survey information regarding the Wellesley Public Schools athletic program. Previous appeals This request was the subject of prior appeals. See SPR16/1031 Determination of the Supervisor of Records (November 16, 2016). SPR16/1048 Determination of the Supervisor of Records (December 6, 2016). This office closed SPR16/1048 by ordering the School to review Mr. Alexander's request and provide a revised response, prepared in a manner consistent with the order, the Public Records Law and its Regulations. The School responded in a letter dated December 12, 2016 in which it explains "the only remaining document that you seek is a document containing the open-ended comments." Mr. Alexander appealed and SPR17/081 was opened. Open Meeting Law In his appeal petition Mr. Alexander indicates he submitted an Open Meeting Law complaint with the Division of Open Government within Office ofthe Attorney General (AGO). In the School's December 12th letter you raise several issues regarding the Open Meeting Law and its procedures, including the standards to determine if a document is "used" in an open meeting. I understand this matter is currently pending with the AGO. Please be advised that the interpretation of the Open Meeting Law falls within the authority of the AGO and not this office. Therefore, I decline to opine on whether the School's response is compliant with the Public Records Law and its Regulations at this time. Upon 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

Ivria G. Fried, Esq. SPR17/081 Page 2 January 31, 2017 completion of the AGO's review, the parties may contact this office for further action if appropriate. Sincerely, mtuMhty_ i!t~LUCA U Rebecca S. Murray Supervisor of Records cc: Ronald Alexander