Laura H. Ortiz v. Lowell, City of - Law Department (SPR 20192133)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 31, 2019 SPR19/2133 John Richard Hucksam Jr., Esq. Assistant City Solicitor City of Lowell -Law Depaiiment 375 Merrimack Street 3rd Floor Lowell, MA 01852 Dear Attorney Hucksam: I have received the petition of Laura H. 01iiz appealing the nonresponse of the City of Lowell - Law Department (City) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Ms. 01iiz requested records related to the EOY Repmi for the 2018-2019 school year and Building Staff Profiles with information regarding school nurses for each Lowell Public School Districts individual schools. Claiming to not yet have received responsive records, Ms. Ortiz petitioned this office and this appeal was opened as a result. Previous Appeal In an email to Ms. 01iiz dated August 8, 2019, the City asse1is it, "has searched for and identified all documents in its custody that are responsive to your request. Specifically you have requested: 1. The EOY Repmi for the 2018-2019 school year; and 2. Building Staff Profiles (School Nurses) In regard to the EOY Report for the 2018-2019 school year, the EOY Report will not be completed until after October 1, 2019. Therefore, no such document exists at this time. In regard to the Building Staff Profiles (School Nurses), on July 30, 2019 you were provided with a copy ... updated as of 6/17/2019, which includes information concerning the staffing of each school by school nurses. We have attached hereto a copy ... updated as of 10/25/2018, with infoi·mation regarding school nurses for each school." 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

John R. Hucksam Jr., Esq. SPRl 9/2133 Page 2 · October 31, 2019 Current Appeal In an email to this office and Attorney Hucksam dated on October 17, 2019, Ms. Ortiz writes, "We believe that the City of Lowell is unreasonably denying us access we believe and trying to deny us the Public's ability to view [The EOY Report for the 2018-2019 school year]. Specifically as requested-The EOY Report will not be completed until after October 1, 2019 as you stated it would be available now given it is after October 1st". Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that a representative from the City intends on providing a response to Ms. Ortiz's request. Accordingly, the ~ity is ordered to provide Ms. 01iiz with a response in accordance with the Public Records Law, its Regulations and this order without delay. Ms. Ortiz may appeal the substantive nature of the Depaiiment's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ~y~ Supervisor of Records cc: Ms. Laura 01iiz