Laura H. Ortiz v. Lowell, City of - City Solicitor (SPR 20200155)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray S11per11isor ofR ecords February 11, 2020 SPR20/0155 John Richard Hucksam, Jr., Esq. City of Lowell - Office of the Law Department 375 Merrimack Street, #3 Lowell, MA 01852 Dear Attorney Hucksam: I have received the petition of Laura Ortiz appealing the response of the City of Lowell Office of the Law Department (City) to a request for public records. G. L. c. 66, § lOA; also 950 C.M.R. 32.08(1). Specifically, on two separate occasions, June 1, 2019 and October 2, 2019, Ms. Ortiz requested records related to the EOY report for the 2018-2019 school year and Building Staff Profiles with information regarding school nurses for each Lowell Public School District school. Previous Appeal This request was the subject of a previous appeal, SPR19/2133. In the previous appeal, the City provided a response on January 27, 2020 claiming it "has searched for and identified all documents in its custody that are responsive to your request. A copy of the responsive document is attached to this message." Unsatisfied with this response provided by the City, Ms. Ortiz petitioned this office and this appeal, SPR20/0155, was opened as a result. Current Appeal Ms. Ortiz, on January 27, 2020, in response claims the document provided by the City is "an entirely different document." Ms. Ortiz further asserts, "[t]he City is not providing the EOY Report ... they are knowingly providing the same Essential School Health Services MA ESHS State Report in error and they (City) stated to your office that the EOY Report for the 2018-2019 School Year ... would be created this October 2019." Subsequent to the intervention by a staff member of the Public Records Division, I learned on February 10, 2020 that a representative from the City indicated they will contact the City School Department again in asking for the EOY Report for the 2018-2019 school year. 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

Attorney John Richard Hucksam, Jr. SPR20/0155 Page 2 February 11, 2020 Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that the City intends on providing a response to Ms. Ortiz's request. Accordingly, the City is ordered to provide Ms. Ortiz with said response within ten (10) business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Ortiz may appeal the substantive nature of the City's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Ms. Laura Ortiz