Paul Sullivan v. Framingham, Town of - City Solicitor (SPR 20190094)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 28, 2019 SPR19/0094 Nancy Piasecki Executive Director of the Office of the Superintendent Framingham Public Schools 73 Mt. Wayte A venue Framingham, MA 01702 Dear Nancy Piasecki: I have received the petition of Paul Sullivan appealing the response of the City of Framingham-Public Schools (City) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Sullivan requested a "copy of the response documents provided to the Office of Civil Rights as a result of the request to the Superintendent of schools on April 10, 2018." In his request, Mr. Sullivan notes "I do not wish to have any specific student identifying information provided." Previous Appeals This case is the subject of previous appeals. See SPRl 8/1426 Determination of the Supervisor of Records (October 5, 2018) and SPR18/l 732 Determination of the Supervisor of Records (December 3, 2018). In my December 3rd determination, I ordered the City to provide Mr. Sullivan a response consistent with the determination, the Public Record Law, and its Regulation within ten business days. On December 5, 2018 the City provided Mr. Sullivan with a response. Attorney Philip B. Benjamin of Benjamin & White, P.C., is representing the City in this matter. In the December 5th response, Attorney Benjamin writes, "Mr. Sullivan's statement that there are at least 360 documents in response to this request appears to be a reference to Framingham's initial cost estimate (dated September 6, 2018) which stated in relevant part that ' ... there are at least 360 pages/documents.' The 360 number was included in the cost estimate as an estimate of the number of pages that needed to be reviewed and potentially redacted." He further states, "Framingham has provided Mr. Sullivan with copies of all documents that are responsive to his request." Unsatisfied with this response, Mr. Sullivan petitioned this office and as a result SPRl 9/0094 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

Nancy Piasecki SPR19/0094 Page 2 January 28, 2019 Current Appeal In a letter to this office dated January 11, 2019, Mr. Sullivan states, "the city has not provided a minimum of 360 documents claimed in the response document of September 10, 2018." Mr. Sullivan further writes, "I have not been provided 360 documents as the city was ordered to do or even close to this amount redacted or otherwise." In a letter to this office dated January 16, 2019, Attorney Benjamin states, "[t]here was an estimated 360 pages, not documents. This is clarified in more detail in my December 5, 2018 letter." Attorney Benjamin adds, "Framingham has provided Mr. Sullivan with copies of all documents that are responsive to his request. We have provided him with a copy of all the response documents provided by the office of Civil Rights. No documents are being withheld. " Please be advised, 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. 66, § IO(a)(ii). Conclusion Accordingly, I will now consider this administrative appeal closed. Mr. Sullivan may appeal the substantive nature of the City's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Paul Sullivan Philip B. Benjamin, Esq.