Gerard F. Mackin, Jr. v. Weymouth, Town of - Public Schools (SPR 20181522)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords October 29, 2018 SPRlS/1522; SPRlS/1532; SPRlS/1533; SPRlS/1534 Ms. Kathleen Deree Town Clerk and RAO Town of Weymouth 75 Middle Street Weymouth, MA 02189 Dear Ms. Deree: I have received the petition of Gerard Mackin, Jr. appealing the non-response of the Town of Weymouth 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. Mackin requested the following records on the following dates: September 16, 2018: emails, texts and other written communications sent and received by Curtis Whipple, Maryann Bryan and Susan Kustka from July 1, 2017 to the present, related to or referring to an identified person or the position of Athletic Director. See SPR18/1522 September 16, 2018: emails, texts and other written communications sent and received by Alan J. Strauss from July 1, 2017 to the present. See SPR18/1532 September 19, 2018: Dec. 28, 2017 Report titled "Central Office Structure in the School District: Analysis, Observations, Recommendations" and all records related to the Report including: • Emails, texts, written or electronic communications, personal telephone communications sent or received by the School Superintendent, any School Committee members, or School Department employee or other representative during school committee meetings; • Invoices (Report and/or draft of the Report); • Minutes/transcripts/handwritten notes or electronic recording (all School Committee meetings relating to the Report); • All votes, or action directed by the School Committee or Superintendent related to the Report; 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

Kathleen Deree SPR18/1522; 18/1532; 18/1533; 18/1534 Page 2 October 29, 2018 • Any action taken by the School Committee, Superintendent or any other School employee to clarify the scope and duties of the Athletic Director; Documents provided by the School Committee or any employee of the School Department to Dr. Bent; • All documents constituting or referring to the position or any change in responsibilities of the position. See SPRl 8/1534 Having received no response to his requests, Mr. Mackin petitioned the Supervisor of Records. As a result, appeals SPR18/1522; SPR18/1532; SPR18/1533 and SPR18/1534 were opened. Questions versus document requests In a September 25, 2018 letter to the Town, Mr. Mackin posed two questions to the Town. Under the Public Records Law, the School is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d ). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § lO(a); 32 OP. Atty Gen. 157, 165 (May 18, 1977). 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 ofrecords at the time of the request. See G. L. c. 4, § 7(26). Conclusion Subsequent to the intervention by a Public Records Division staff attorney, this office was notified that responses were provided on October 26, 2018 for three requests, and the School will provide a response by October 30, 2018 regarding Mr. Mackin's September 19, 2018 request. Whereas this matter was opened based upon the School's failure to provide written responses to the above referenced requests, I will now consider this administrative appeal closed. Ms. Mackin may appeal the substantive nature of the School's responses within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~=~ Supervisor of Records cc: Gerard Mackin, Jr. Dr. Jennifer E. Curtis-Whipple