Susan Fitzgerald v. Department of Elementary and Secondary Education (SPR 20221025)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 13, 2022 SPR22/1025 Helene Bettencourt Records Access Officer Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148 Dear Ms. Bettencourt: I have received the petition of Susan Fitzgerald appealing the response of the Department of Elementary and Secondary Education (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 28, 2022, Ms. Fitzgerald requested the following records regarding Intake PRS 6706: • The complete investigation we had through emails regarding a [specifically- identified case]; • All emails and attachments from each party; • Everything from the report filed on January 26, 2022 from start to finish, including emails, attachments, grouped parties, reports, and phone calls. In an April 11, 2022 communication, the Department provided Ms. Fitzgerald with a follow-up response to her request. The Department’s response indicates that it completed the gathering and preparing of all correspondence regarding the complaint; however, the Department inquired whether Ms. Fitzgerald still sought to reach the records printed and distributed as hard copies via postal mail. The Department informed Ms. Fitzgerald that it would waive any fees associated with the cost for producing hard copies of the requested records. In addition, the Department stated, “…some of the correspondence contained video or audio clips which [the Department] will be unable to include in the printout” so the Department indicated it would attach the records within the document library so Ms. Fitzgerald could access them. The Department provided Ms. Fitzgerald with responsive records. On May 3rd, Ms. Fitzgerald petitioned the Supervisor of Records (Supervisor), asserting that she did not receive the bus video/audio records, and that she was unable to access the records on the Department’s public records web portal or email attachments sent to her by the Department. In addition, Ms. Fitzgerald reports that the hard copy of the records she received via postal mail were not the 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 SPR22/1025 Page 2 May 13, 2022 same as received through email and on the Department’s website portal. As a result, this administrative appeal was opened. In her petition for this appeal, Ms. Fitzgerald reports that she was unable to access some of the records provided to her through email and through the Department’s public records portal. As a result, I encourage the Department and Ms. Fitzgerald to continue communicating to determine whether the requested records can be provided in a format accessible by Ms. Fitzgerald. In addition, Ms. Fitzgerald contends she did not receive all the responsive records. The Department must clarify whether it possesses additional records responsive to this request. Conclusion Accordingly, the Department is ordered to provide Ms. Fitzgerald with a response to the 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Susan Fitzgerald