Douglas Moser v. Lowell, City of - Public Schools (SPR 20190307)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 22, 2019 SPR19/307 Mr. Salah Khelfaoui City of Lowell - Public Schools 155 Merrimack Street Lowell, MA 01852 Dear Mr. Khelfaoui: I have received the petition of Douglas Moser of NBCIO Boston appealing the nonresponse of the City of Lowell-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. Moser requested records regarding relaxation, calm down, or time-out rooms. Having received no response, Mr. Moser petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days ofreceipt of the request. G. L. c. 66, § lO(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Despite the intervention by a staff member of the Public Records Division, it is my understanding that the School has not provided Mr. Moser a response to his request for records. Accordingly, the School is ordered to provide Mr. Moser with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations without delay. A copy of any such response must be 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, Rebecca S. Murray Supervisor of Records cc: Douglas Moser 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