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Joseph Smith v. Department of Elementary and Secondary Education (SPR 20212419)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 09-21-2021

ClosedAppealPetitioner Won

SPR 20212419 is a Massachusetts Public Records Law appeal filed by Joseph Smith concerning records held by Department of Elementary and Secondary Education, opened 09-21-2021. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20212419
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Joseph Smith
Custodian
Department of Elementary and Secondary Education
Date Opened
09-21-2021
Date Closed
10-05-2021
Date Request Submitted
07-30-2021
Processing Fees Charged
0.00
Petitions Regarding Fees
No
Time to Comply
Ten (10) Business Days
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 5, 2021 SPR21/2419 Helene Bettencourt Associate Commissioner Commissioner’s Office Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148 Dear Ms. Bettencourt: I have received the petition of Joseph Smith appealing the response of the Department of Elementary and Secondary Education (Department) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 30, 2021, Mr. Smith requested, “… records which show the DESE RAO reporting or discussing the ‘technical challenges’…” Prior appeal The requested records were the subject of a prior appeal. See SPR21/2146 Determination of the Supervisor of Records (September 8, 2021). In my September 8th determination, I ordered the Department to provide a response. On September 13, 2021, the Department responded. Unsatisfied with the Department’s response, Mr. Smith petitioned this office and this appeal, SPR21/2419, was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a Department representative, it is my understanding that the Department intends on providing a subsequent response to Mr. Smith. Accordingly, the Department is ordered to provide Mr. Smith with a response to his request, in a manner consistent with the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Smith may appeal the substantive nature of the Department’s response within ninety 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

Helene Bettencourt SPR21/2419 Page 2 October 5, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Joseph Smith