Gerard F. Mackin, Jr. v. Saugus, Town of - Public Schools (SPR 20202557)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 6, 2021 SPR20/2557 David DeRuosi, Jr., 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 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 Town of Saugus School Committee. Prior appeals The request was the subject of prior appeals. See SPR20/1718 and SPR20/1985 Determinations of the Supervisor of Records (Supervisor) (September 30, 2020 and October 29, 2020). On September 28, 2020, the School provided a response, and included a copy of the settlement agreement pertaining to the identified person and identified litigation. See SPR20/1985 Determination of the Supervisor (October 29, 2020). Given that no violation of G. L. c. 66, § 10 had been clearly asserted by Mr. Mackin in his appeal petition regarding SPR20/1985, I was unable to issue a determination at that time. Current appeal In a December 2, 2020 letter to the Supervisor and copied to Mr. Mackin, Howard L. Greenspan, Esq., Legal Counsel for the Town of Saugus School Committee (School Committee) explained that the records were provided to Mr. Mackin. In his letter Attorney Greenspan indicates, “[t]he Superintendent of Schools sent a reply to Mr. Mackin dated September 28, 2020 and included with the response a copy of a Settlement Agreement between [the identified person] and the Saugus School Committee. In addition, 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

David DeRuosi, Ph.D. SPR20/2557 Page 2 January 6, 2021 Executive Session Minutes were identified but had not [been] released by the School Committee that related to Mr. Mackin’s request. On November 12, 2020 the School Committee voted to release the Executive Session Minutes which was subsequently forwarded to Mr. Mackin. There are no other records in the School Committee’s possession that correlate to Mr. Mackin’s public records request.” As a result of Attorney Greenspan’s December 2nd letter, Mr. Mackin contacted this office, stating that he was not satisfied with the response. When asked that he state with specificity the basis of his appeal, he asserted, “[a]s a matter of commonsense, a settlement agreement does not magically appear without prior discussion and correspondence including exchanging drafts and one would expect a letter to the effect ‘here is the signed agreement, send me the check.’” In Attorney Greenspan’s December 2nd response on behalf of the School Committee, he stated, “[t]here are no other records in the School Committee’s possession that correlate to Mr. Mackin’s public records request.” Mr. Mackin is advised, the duty to comply with requests 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), (b)(ii). Conclusion I find the basis of Mr. Mackin’s is unclear. For example, it is unclear if Mr. Mackin is requesting public records or is asking the School Committee a series of questions. Please note, the School Committee is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). Accordingly, I will consider this appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Gerard F. Mackin, Jr. Howard L. Greenspan, Esq., Law Office of Howard L. Greenspan