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Gerard F. Mackin, Jr. v. Saugus, Town of - Public Schools (SPR 20201985)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 10-15-2020
ClosedAppealDecision
SPR 20201985 is a Massachusetts Public Records Law appeal filed by Gerard F. Mackin, Jr. concerning records held by Saugus, Town of - Public Schools, opened 10-15-2020. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20201985
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Gerard F. Mackin, Jr.
- Custodian
- Saugus, Town of - Public Schools
- Date Opened
- 10-15-2020
- Date Closed
- 10-29-2020
- Date Request Submitted
- 09-10-2020
- Response Provided Date
- 09-28-2020
- Processing Fees Charged
- 0.00
- Petitions Regarding Fees
- No
- Time to Comply
- NA
- Went to Court
- No
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 29, 2020 SPR20/1985 David DeRuosi, Ph.D. Superintendent – Records Access Officer Town of Saugus Public Schools 23 Main Street Saugus, MA 01906 Dear Dr. DeRuosi: I have received the petition of Gerard Mackin, Jr. appealing the response of the Town of Saugus Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Mackin requested records pertaining to an identified lawsuit against the School and the School Committee. On October 8, 2020, the School provided a response, including a settlement agreement pertaining to the identified litigation. As a result, Mr. Mackin petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his October 15, 2020 petition, Mr. Mackin asserts, “I appeal to [the Supervisor] because the communication is not from the RAO as required by the [Public Records Law].” Mr. Mackin is advised, under the Public Records Law, each municipality is required to designate 1 or more employees as records access officers. G. L. c. 66, § 6A(a); see also 950 C.M.R. 32.04(1), (2). Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been clearly asserted by Mr. Mackin in his appeal petition, I am unable to issue a determination at this time. Mr. Mackin may appeal the substantive nature of the School’s response within 90 days. See 950 C.M.R. 32.08(1). 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 Dr. David DeRuosi SPR20/1985 Page 2 October 29, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Gerard F. Mackin, Jr.