Collin Dias v. Fall River, City of - Public Schools (SPR 20180621)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 16, 2018 SPR18/621 Rebecca Caron Executive Assistant to the Superintendent of School Fall River Public Schools 41 7 Rock Street Fall River, MA 02720 Dear Ms. Caron: I have received the petition of Collin Dias appealing the response of the City of Fall River Public Schools (School or District) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on April 19, 2018 Collin Dias requested "any record from anyone on the Fall River School Committee telling Mr. Lepage he has been accused of not showing up for his March 12th post." The School provided responses on May 3, 2018 and May 4, 2018. Tlte 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, § IOA(d); 950 C.M.R. 32.03(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, § lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the 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. Tlte Sc/tool's responses The City's May 3rd response indicates "[p]lease note that the Public Records Law applies only to documents. The law does not require a government entity to answer specific questions 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

Rebecca Caron SPR18/620 Page 2 May 16, 2018 to create records in response to a public records request. The District responds that no documents exist within the possession, custody, or control of the District that are responsive to your request." In his appeal petition Mr. Dias notes "I reject the districts opinion that public records are only 'documents'. I wasn't specifically looking for documents, but any communication to Officer Lepage stating he was accused of not showing up for his March 12th post. Communications means any letter, email, or electronic message to Officer Lepage." The School's May 4th response explains "[t]o further clarify, by using the term 'documents,' the Fall River Public Schools intent was to convey that there are no written communications (e.g., no letters, emails, or electronic messages) responsive to your request that are within the possession, custody or control of the school district." The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii). Accordingly, in light of the School's May 3rd and May 4th responses, I find it has met its burden in responding to this request. Sincerely, Rebecca S. Murra~ Supervisor of Records cc: Collin Dias