Springfield Museum

Sara Cooke filed this request with the Springfield Massachusetts Museum of Springfield, MA.
Status
Rejected

From: Sara Cooke

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

All Documents, electronic communication (email), and bank statements in regards to the following:
1. Money recieved by the city of Springfield MA, state of Massachusetts, federal funding, and any tax payer funds recieved.
2. When the mask requirement for the indoor museum(s) (if multiple museums, please list which onesit pertains to) started and is expected to end.
3. Documentation on file in regards to any human sample taken of the covid-19 (SARS-COV-2) virus.
4. Any and all information pertaining to air quality by a licensed or certified company that state masks are required and if so, the recommendation of masks by the company for proper use.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Sara Cooke

From:

Please be advised that this office is general counsel to Springfield Museums Corporation, a Massachusetts not-for-profit charitable corporation ("SMC").
We are in receipt of your request for documents pursuant to the Massachusetts Public Records Law regarding, I believe, SMC's mask policy.
After a thorough review of M.G.L c 66, §66 it is our opinion that SMC is not an "Agency" as defined in the statute. I refer you to 950 CMR 32.02 which defines "Agency" as "an executive office, department, board, commission, bureau, division or authority of the Commonwealth .....and makes or receives "public records" as defined in 950 CMR 32.02". The section goes on to state "Agency includes any person, corporation ....or other legal entity that 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."
"Public Records" is defined in 950 CMR 32.02 as "documentary materials received by a governmental agency"
For the above reasons we deny your request. Notwithstanding the foregoing we would be pleased to provide you with a copy of SMC's current mask policy
If you have any questions regarding this communication please contact the undersigned

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David A. Shrair, Esq.
Halloran & Sage LLP
1380 Main Street
Springfield, MA 01103

E shraird@halloransage.com
D 413.735.8000
F 413.733.3042
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