Jorge Teixeira v. Hudson, Town of - Public Schools (SPR 20171614)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords November 22, 2017 SPR17/1614 Superintendent Marco Rodrigues Town of Hudson-Public Schools 155 Apsley Street Hudson, MA 01749 Dear Superintendent Rodrigues: I have received the petition of Mr. Jorge Teixeira appealing the response of the Town of Hudson 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. Teixeira requested "all documentation that proves mismanagement of funds/bank account by the previous SEP AC Board." The School provided responses date~ October 23, 2017, and October 31, 2017. Unsatisfied with the School's responses, Mr. Teixeira petitioned this office and this appeal, SPRl 7 /1614, was opened as a result. The School's October 23rd and October 31st responses Although the School provided responses dated October 23, 2017 and October 31, 2017 to Mr. Teixeira, Mr. Teixeira contends they do not address his public records request. In a telephone conversation with the School, the School clarified that the School and the SEPA C Board (Board) are two separate entities, consequently, the School cannot respond on the Board's behalf. The School is advised that the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii). Therefore, the School must clarify whether it possesses records responsive to Mr. Teixeira's request. Conclusion Accordingly, whereas the School has indicated that it will provide a supplemental response, I will consider this administrative appeal closed with the proviso that the School provides Mr. Teixeira with said response within ten business days in a manner consistent with this order, the Public Records Law, and its regulations. A copy of any such response must be 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

Superintendent Marco Rodrigues SPRl 7/1614 Page 2 November 22, 2017 provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, ~ u r r ~ Supervisor of Records cc: Jorge Teixeira