Joseph Viglione v. Medford, City of - Public Schools (SPR 20192323)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 3, 2019 SPR19/2323 Alicia Palmer Medford Public Schools 489 Winthrop St. Medford, MA 0215 5 Dear Alicia Palmer: I have received the petition of Joseph Viglione appealing the response of the City of Medford 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, on October 24, 2019 Mr. Viglione requested, "all documents of anyone under police investigation - or arrest -that may have restrictions on being around children over the past 2 years at Medford High and any documents ~ internally~ on such individuals." Mr. Viglione further notes he seeks, "[a]ll documents of organizations renting the high school not requiring a CORI check. The rental documents, the CORI check documents, and if there are no CORI check documents (the CORI checks themselves are not needed, just the information that their guests and attendees are giving their CORI information as access TV producers are required to under Rumley's bad rule." In a letter d.ated November 1, 2019 the School provided Mr. Viglione a response. Current Appeal In the November 1st letter the School writes, "[w ]e do not know who may be under police investigation. CORI checks are run but are not shareable under the law." In regards to the second portion of Mr. Viglione's request the School notes, "[t]his request is too vague and we do not CORI check visitors for a program (a show at Caron Theater, church guests, etc. or otherwise)." Unsatisfied with this response, Mr. Viglione petitioned this office and as a result SPRl 9/2323 was opened. In a follow-up letter dated November 1, 2019 Mr. Viglione writes, "[t]his is NOT a request to see the CORI. .. I need the documents regarding the alleged hire, the circumstances, texts, emails, internal memos and the like regarding alleged behavior by Superintendent Marice Edouard Vincent." 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

Alicia Palmer SPR19/2323 Page 2 December 3, 2019 Please be advised, the duty to comply with reqtJests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10( a)(ii). It is unclear if the School possesses records responsive to Mr. Viglione's request. Conclusion Accordingly, the School is ordered to provide a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. This office encourages Mr. Viglione and the School to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § IO(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). Sincerely, · Rebecca S. Murray Supervisor of Records cc: Joseph Viglione Kimberly Scanlon, Esq.