Ben Tobin v. Positive Regard Network (SPR 20241298)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 8, 2024 SPR24/1298 Chris Duff Executive Director Positive Regard Network 84 2nd Avenue Chicopee, MA 01020 Dear Mr. Duff: I have received the petition of Ben Tobin appealing the nonresponse of Positive Regard Network (Network) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 7, 2024, Mr. Tobin requested “the school’s policy and procedure manual.” Claiming to not yet have received a response, Mr. Tobin petitioned this office and this appeal, SPR24/1298, was opened as a result. The Network provided a written response to this office on May 2, 2024, indicating that the Network is not subject to the Public Records Law. The Public Records Law The Public Records Law applies to all records: made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, or any person, corporation, association, partnership or other legal entity which receives or expends public funds for the payment or administration of pensions for any current or former employees of the commonwealth or any political subdivision as defined in section 1 of chapter 32. G. L. c. 4, § 7(26). The Public Records Law therefore applies to public entities, and does not apply to private entities who are not engaged in an agency or contractual relationship with a public entity. 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

Chris Duff SPR24/1298 Page 2 May 8, 2024 In an email to this office on May 2, 2024, the Network provides the following information: The Massachusetts Public Records Law, G.L. c. 66, section 10, which applies to records made or received by a Massachusetts agency or municipality, does not apply to my client because Positive Regard Network is, neither a public agency or a municipality, and does not meet the jurisdictional test. Therefore, Positive Regard Network does not qualify under the definition of the law, G.L. c. 4, s. 7(26), and has no records to provide. Based on the information provided in the Network’s response, I find that the Network does not fall within the definition set forth in G. L. c. 4, § 7(26). Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Ben Tobin Janine Brown-Smith, Esq.