Ronald Alexander v. Wellesley, Town of - Public Schools (SPR 20170095)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 1, 2017 SPR17/095 Thomas J. Harrington, Esq. Miyares and Harrington LLP 40 Grove St Suite 190 Wellesley, MA 02482 Dear Attorney Harrington: 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 § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Alexander requested access to review all responses to a June 13, 2015 survey that was sent from the Town's School Committee via email to the residents ofthe Town of Wellesley regarding the annual performance review ofthe School's Superintendent. Previous appeal This request was the subject of a previous appeal. See SPR16/1156 Determination of the Supervisor of Records (December 20, 2016). This office closed SPR16/1156 by ordering the School to provide Mr. Alexander with a detailed response to the request, provided in a manner consistent with the order, the Public Records Law and its Regulations. The School provided a response dated January 17, 2017 in which it indicates its intent to withhold responsive records under Exemption (c) of the Public Records Law. G. L. c. 4, § 7(26)(c). Mr. Alexander appealed and SPR17/ 095 was opened. Open Meeting Law In the School's January 1i 11 letter you also 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. You indicate Mr. Alexander submitted an Open Meeting Law complaint with the Division of Open Government within the Office ofthe Attorney General (AGO). 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 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

Thomas J. Harrington, Esq. SPR17/095 Page 2 February 1, 2017 response is compliant with the Public Records Law and its Regulations at this time. Upon completion of the AGO's review, the parties may contact this office for further action if appropriate. Sincerely, Rebecca S. Murray Supervisor of Records cc: Ronald Alexander