Pamela S. Julian v. Boston, City of - Public Schools (SPR 20170034)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 17, 2017 SPR17/034 Carolyn Weisman, Esq. Assistant Corporation Counsel Office of the Legal Advisor Boston Public Schools 2300 Washington Street Boston, MA 02119 Dear Attorney Weisman: I have received the petition of Pamela Julian 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, Ms. Julian requested a copy of all text messages commenting on Pamela Julian to and from several of the Schools employees and/or City of Boston employees on March 3, 2016. The Schools provided a supplemental response on December 30, 2016, which Ms. Julian appealed. The records in this appeal are the same records requested in two prior appeals. See SPR16/1219; SPR16/1249 Supervisor ofRecords Determinations (December 27, 2016 and December 30, 2016). In the Schools December 30 response to Ms. Julian, you state that "[t]he Schools do not maintain electronic or paper copies of text messages sent or received by its personnel, and the Schools do not have access to such text messages. The records you seek are maintained by an outside independent corporation, and as such are not in the custody or control of the Schools." 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) (emphasis added). In an effort to resolve this appeal, an attorney on staff telephoned you to discuss whether the employees of the Schools utilize cell phones in the course of their day-to-day business and/or 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

Carolyn Weisman, Esq. SPR17/034 Page 2 January 17, 2017 whether the Schools pay for the use of the cell phones or issue cell phones to their employees to conduct day-to-day business of the Schools. My staff attorney was unable to speak with you, because you were away from the office. However, on January 11 my staff attorney did discuss this appeal with Jane Morrison in the Office of the Legal Advisor for the Schools, and provided Ms. Morrison with a copy of the appeal to assist in responding to Ms. Julian's request. It is my understanding that the Schools will provide another supplemental response to clarify and thoroughly respond to the request. I find the Schools failed to properly respond to a request for public records. Accordingly, whereas the Schools have promised to provide another response, I will consider this appeal closed with the proviso that, within ten (10) days, Ms. Julian is provided with the supplemental response 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, Rebecca S. Murray Supervisor of Records cc: Jane Morrison cc: Pamela Julian