Steven Fitzgerald v. Everett, City of - Public Schools (SPR 20210284)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 19, 2021 SPR21/0284 Francesse J. Canty, Esq. City of Everett Public Schools 121 Vine Street Everett, MA 02149 Dear Attorney Canty: I have received the petition of Steven Fitzgerald appealing the response of the City of Everett Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 11, 2020, Mr. Fitzgerald requested: “[a]ny [p]ublic [r]ecords requests made to the Everett Public Schools, Everett School Committee, or Everett School Department in 2017.” Prior appeal The requested records were the subject of a prior appeal. See SPR21/0054 Determination of the Supervisor of Records (Supervisor) (January 22, 2021). In my January 22nd determination, I learned the School was aware of the request and that the School would provide a supplemental response. Accordingly, I ordered the School to provide a response to the request. Mr. Fitzgerald appealed the School’s February 3, 2021 response, and the current appeal was opened. Based on a conversation between the School and a member of the Public Records Division legal staff, this office learned that the School clarified its February 3rd response by explaining that the requested records do not exist and are not in the care or custody of the School District. It is my understanding that the School will provide a further response to clarify this matter. Conclusion Accordingly, the School is ordered to provide Mr. Fitzgerald with a response to his request, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. 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. 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

Francesse J. Canty, Esq. SPR21/0284 Page 2 February 19, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Steven Fitzgerald