Pamela S. Julian v. Boston, City of - Public Schools (SPR 20161249)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 30, 2016 SPR16/1249 Carolyn Weisman, Esq. Office of the Legal Advisor Boston Public Schools 2300 Washington Street Boston, MA 02119 Dear Attorney Weisman: I have received the petition of Pamela S. Julian appealing the response of the City of Boston-Public Schools (Schools) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Julian requested a copy of: The federal work study social work graduate student employee fieldwork internship file of Pamela S. Julian, and copies of all communications, including emails, text messages, meeting notes, notes, written correspondence and any other communication regarding Pamela S. Julian's academic status, history, field work, comments, opinions, contracts, dismissal or any communication regarding Pamela S. Julian. On December 24, 2016, the Schools provided Ms. Julian with responsive records; however Ms. Julian informed this office in her petition that she has not received any requested text messages from the Schools' personnel from their respective work-issued cell phones. Therefore, Ms. Julian appealed. The Public Records Law 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Carolyn Weisman, Esq. SPR16/1249 Page 2 December 30, 2016 applicability of an exemption). 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 record. If there are any fees associated with a 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 request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). Once fees are paid, a records custodian must provide the responsive records. To assist in requesting and responding to requests for public records please refer to 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. Please contact my office directly at the telephone number provided in this determination for further information. On December 29, in an effort to resolve this matter, an attorney on my staff telephoned your office but was unable to directly connect with you. A detailed voicemail message was left for you, and a copy of the appeal was emailed to assist you in drafting a written response to Ms. Julian's request for the text messages. Order I find the Schools have failed to properly respond to a request for public records. Accordingly, the Schools are hereby ordered to provide Ms. Julian with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations. 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, ~f<&wu'Jt\ YYllcutMt~J/ Rebecca S. Murray Supervisor of Records cc: Pamela S. Julian