Peter F. Winters v. Old Rochester Regional School District (SPR 20181754)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 5, 2018 SPRlS/1754 Barbara Huggins Carboni, Esq. Huggins and Witten, LLC Town of Marion Legal Counsel 132 Adams Street, Suite 7 Newton, MA 02458 Dear Attorney Huggins Carboni: I have received the petition of Peter F. Winters appealing the response of the Old Rochester Regional School District (School District) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on October 19, 2018, Mr. Winters requested a copy of: "the minutes for all executive sessions of the Sippican School Committee and any other school committee in the [School] District for meetings relating to or which discussed the litigation entitled, Douglas White, Jr., Superintendent ofS chools vs. Rebecca Murray, Supervisor ofR ecords, Plymouth Superior Court; Civil Action 1783-CV-00912 [Supervisor ofR ecords litigation], and my request for documents to Douglas White dated February 6 and all related appeals to the Commonwealth of Massachusetts Secretary of [the Commonwealth's] Office." Mr. Winters also writes in his October 19th request, "[s]ince the litigation has concluded and the appeal period has passed, the documents should be available to the public." On October 26, 2018, the School District, through Superintendent Douglas R. White, Jr. Ed.D., indicated that the School District needs additional time to review the executive session minutes and approve them for release. In a November 12th email to Dr. White and Diana Russo, Dr. White's Administrative Assistant, Mr. Winters wrote, "[i]t is my understanding that the meeting minutes are to be released by the next meeting date or 30 days whichever occurs first. (see M.G.L. Ch. 30A, Section 22(g) emphasis added). I believe that my request was made on October 19, 2018 meriting release on or before November 19, 2018 and not after November 28th meeting." As a result of the School District's response, Mr. Winters petitioned the Supervisor of Records (Supervisor) on November 20, 2018, and this appeal was opened. 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

Barbara Huggins Carboni, Esq. SPR18/1754 Page 2 December 5, 2018 Petition by the School District for an extension of time On November 15, 2018, prior to this appeal being opened, the School District filed a petition with the Supervisor, seeking an extension of time, to provide the executive session meeting minutes. See G. L. c. 66, § lO(c); see also SPR18/1759 Determination of the Supervisor (November 28, 2018). In its November 15th petition, the Town "requests an extension of ten days (until its November 28th evening meeting, plus an additional day to provide a response to Mr. Winters." The Town explained "[a]t the time of the above request, the School Committee had not yet reviewed the executive session meeting minutes at which the Supervisor ofR ecords litigation had been discussed to make a determination as to whether there is a continued basis for nondisclosure ... [t]he next meeting of the School Committee is November 28, 2018, and this item has been added to the meeting agenda. The Committee will review the relevant minutes at the meeting and, if appropriate, will disclose them." The Town further explained "[d ]ue to scheduling issues it is not practicable for the Committee to meet prior to November 19, 2018, for the express purpose ofreviewing the executive session meeting minutes." In a November 26, 2018 determination, I found that in light of the efforts and resources available to the Town fulfilling the current request, and the Town's indication of compliance, the Town had established good cause to permit an extension of time of 10 business days beyond the 25 days after receipt of the request. G. L. c. 66, § lO(c)(i)-(iv). To the extent possible, the Town was advised that it must provide responsive records on a rolling basis. In a December 5, 2018 telephone call and confirmed by email, you informed a Public Records Division staff attorney that the School District met on November 28, 2018 to review and vote to release the responsive executive session minutes requested by Mr. Winters. It is my understanding that the School District has provided Mr. Winters with the responsive executive session minutes. Conclusion Accordingly, given that the School District provided Mr. Winters with the responsive executive session minutes, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Peter F. Winters Dr. Douglas R. White, Superintendent