Jonathan Dame v. Newton, City of - Public Schools (SPR 20170155)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 14, 2017 SPR17/155 David M. Connelly, Esq. Morgan, Brown & Joy, LLP 200 State Street Boston, MA 02109-2605 Dear Attorney Connelly: I have received the petition of Jonathan Dame of the Newton Tab appealing the most recent response of the City of Newton -Public Schools Committee (Committee) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Dame requested a copy of a March 2016 report investigating allegations of graffiti at Day Middle School in Newton. Previous appeals This request was the subject of prior appeals to this office by Mr. Dame. See SPR16/374 Determination of the Supervisor of Records (June 21, 2016); SPR16/529 Determination of the Supervisor of Records (August 11, 2016); SPR16/956 Determination of the Supervisor of Records (November 9, 2016); SPR16/1161 Determination of the Supervisor of Records (December 22, 2016). This office closed SPR16/1161 with the proviso that the Committee provide Mr. Dame with a response to the request, provided in a manner consistent with the order, the Public Records Law and its Regulations. The Committee provided a response in a letter dated January 20, 2017 in which it provided a less-redacted version of the responsive record. The Committee explains it made the remaining redactions under Exemption (c) of the Public Records Law. G. L. c. 4, § 7(26)(c). Mr. Dame appealed and SPRl 7 /155 was opened. I note that the request for the responsive records was made prior to the new provisions of the Public Records Law (Law) that went into effect on January 1, 2017. Therefore, the prior Law's provisions and regulations apply to this request and appeal. Current appeal Subsequent to the opening of this appeal, you informed an attorney on my staff that 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

David M. Connelly, Esq. SPR17/155 Page2 February 14, 2017 the Committee provided Mr. Dame a copy of the responsive record with "significant" changes. In particular, the record contained fewer redactions than the version provided on January 20th. Whereas Mr. Dame's appeal was based on the Committee's provision ofrecords on January 2ot\ and the Committee subsequently provided additional information, I will consider this appeal closed. Mr. Dame may appeal the substantive nature of the Committee's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ·fJJwA~ Rebecca S. Murray Supervisor of Records cc: Jonathan Dame