Ziyad Hopkins, Esq. v. Boston, City of - Public Schools (SPR 20160218)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth ~ Public Records Division Shawn A. Williams Supervisor ofR ecords April 8, 2016 SPR16/218 Ms. Alissa Ocasio Legal Advisor City of Boston Public Schools Office of the Legal Advisor 2300 Washington Street; 4th Floor Roxbury, MA 02119 Dear Ms. Ocasio: I have received the petition of Ziyad Hopkins, Esq. ofthe Committee for Public Counsel Services appealing the response of the City of Boston-Public Schools (Schools) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Hopkins requested copies of: 1. The latest version of the Memorandum between the Office of the School Safety Coordinator Boston Police Department/Boston Public Schools re: Role of Boston School Police Officer, 2. All memoranda of agreement or understanding between Boston Police Schools and the Boston Police Department and Boston Public Schools and the MBTA Transit Police Department regarding criminal investigations, crime prevention and other police-like duties, 3. All special orders/circular/training protocol, etc. regarding duties of Boston School Police, and 4. Licenses for all Boston Police Department Rule 400A Officers assigned to the Boston Public Schools during the current 2015-2016 academic year. On February 25, 2016, the Schools provided Attorney Hopkins with records responsive to Requests Number 1 and 3, and informed Attorney Hopkins that the Schools have no records responsive to Request Number 2. A record holder's duty to comply with requests for information extends only to those records which exist and are in his custody. See G. L. c. 4, § 7 (26). There is no obligation to create a record in response to a public records request. G. L. c. 66, § 10(a); 32 Op. Att'y Gen. 157, 165 (May 18, 1977). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Alissa Ocasio SPR16/218 Page2 AprilS, 2016 The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10 ( c); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Exemption (c) The Schools denied Attorney Hopkins's request for copies of licenses for all Boston Police Department Rule 400A Officers assigned to the Schools for the current academic year pursuant to Exemption (c). See Request Number 4. Attorney Hopkins appealed your denial. The Schools claim Exemption (c) applies to withhold the licenses in their entirety because the records are personal identification information. The Schools have not met the burden of detailing how an exemption applies to withhold the records in their entirety. Exemption (c) applies to: personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy G. L. c. 4, § 7 (26) (c) Order I find the Schools have failed to properly respond to a request for public records. Accordingly, the Schools are hereby ordered, within ten (10) days ofthis order, to provide Attorney Hopkins with a detailed response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations. If the Schools maintain that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Attorney Hopkins a written explanation, with specificity, how Exemption (c) applies to withhold the records in their entirety. To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive records. 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. If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § 10(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a

Ms. Alissa Ocasio SPR16/218 Page 3 April 8, 2016 request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). Once the fees are paid, you must provide the responsive records. To assist in requesting and responding to requests for public records I advise a review of our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Plea e contact my office directly at the telephone number below for further information. cc: Ziyad Hopkins, Esq.