James W. Marsh v. City of Melrose Legal Department (SPR 20200540)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 27, 2020 SPR20/0540 Amy Lindquist, Esq. Assistant City Solicitor City of Melrose 360 Lynn Fells Parkway Melrose, MA 02176 Dear Attorney Lindquist: I have received the petition of James W. Marsh of the Law Offices of James Marsh appealing the response of the City of Melrose (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Attorney Marsh requested: “…access to and the opportunity to copy all documents and communications related and/or referring to the so-called “Lincoln Engagement Project” (the “Project”). In addition, Attorney Marsh indicates, “[p]lease do not send any documents to be copied without our prior review of said documents and/or express request to copy such documents.” It is my understanding that the records pertain to the Melrose Public School District (District). In a March 2, 2020 response, the City indicated that it was providing documents responsive to the request, and that the School was still reviewing email and would supplement the response if responsive documents are discovered, as soon as its review is completed. On March 13, 2020, Attorney March petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his petition, Attorney March indicates that the District did not provide all the requested documents. Attorney March states: “[a] report prepared by Ms. Kathy Vines (aka Kathy’s report as referenced in documents included in the District’s response) was not provided. The response also failed to provide any notes, data, summaries, or any other document prepared by Ms. Vines from the focus groups and in-person interviews she conducted in April and May of close to 50 members of the [Lincoln] Staff from Jenny Corduck and Kathy Vines (also included in the District’s response).” 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

Amy Linquist, Esq. SPR20/0540 Page 2 March 27, 2020 Attorney March also sent a March 4th letter to your attention asking that the District supplement its response with the records referenced in his March 4th letter. It is unclear whether the District received the March 4th letter. In addition, Attorney March indicates that his office attempted to discuss the matter with you, leaving several voicemail messages. He petitioned the Supervisor for an appeal because the District has not responded to his March 4th letter; nor, returned his telephone calls. I find that the District has not met its burden in responding to Attorney March’s request. The District must identify the records, categories of records or portions of records in its possession that it intends to withhold from disclosure. See G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3)(c)(4). Therefore, the District must identify the records it has in its possession, custody and care that are responsive to Attorney March’s request, and any records that it is withholding under an exemption in the Public Records Law. Conclusion Accordingly, the District is ordered to provide Attorney Marsh with a response to his request, in a manner consistent with this order, the Public Records Law and its Regulations as soon as practicable. 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: James W. Marsh, Esq.