Janelle Dempsey v. Lexington, Town of - Public Schools (SPR 20200900)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 18, 2020 SPR20/0900 Director Monica Visco Town of Lexington Public Schools 146 Maple Street Lexington, MA 02420 Dear Director Visco: I have received the petition of Janelle Dempsey appealing the response of the Town of Lexington Public Schools (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on January 10, 2020, Ms. Dempsey requested thirteen (13) categories of records relating to Lexington Public Schools during the timeframe from January 1, 2018 to the date of the request. Unsatisfied with the response provided by the Town, Ms. Dempsey petitioned this office and this appeal, SPR20/0900, was opened as a result. Current Appeal In a letter dated May 11, 2020, Ms. Dempsey contends the Town’s April 10, 2020 response “failed to provide a single responsive document….” The Town responded on May 22, 2020 regarding Ms. Dempsey’s inquiry on the specific date a response will be expected by explaining the “[s]taff responsible for responding to your public records request have not been in Lexington Public School Offices…and unable to access any electronic materials that would be completely responsive.” In its June 8, 2020 response to Ms. Dempsey, the Town reiterated “Lexington Public Schools, along with public school buildings remain closed…Administrative staff, including employees who would be responsible for compiling the requested records and producing them, cannot enter Lexington’s offices…There is no firm date by which Lexington’s office will re- open.” Conclusion 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

Ms. Monica Visco SPR20/0900 Page 2 June 18, 2020 It is my understanding that the Town intends on providing a response to this request. The Town is to provide a response in accordance with the Public Records Law and its Access Regulations as soon as practicable. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Dempsey may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 CMR 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Ms. Janelle Dempsey