Paul Sullivan v. Framingham, City of - Public Schools Department (SPR 20181580)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

November 14, 2018 SPR18/1580

Nancy Piasecki

Executive Director — Superintendent’s Office City of Framingham Public Schools

150 Concord Street

Framingham, MA 01702

Dear Ms. Piasecki:

I have received the petition of Paul Sullivan appealing the response of the City of — Framingham Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.MLR. 32.08(1). Specifically, Mr. Sullivan requested “. . . a copy of the job description and employment contracts of the following positions: Department RAO, Executive Director of the Office of the Superintendent.” The School initially responded on October 9, 2018 by providing

certain responsive records. Mr. Sullivan appealed, indicating he did not receive all responsive records.

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, § LOA(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, § 10(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.

Appeal

In his appeal petition Mr. Sullivan indicates “I did receive a job description for the

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

Nancy Piasecki SPR18/1580 Page 2 November 14, 2018

Executive Director of the Superintendent. I did not receive a copy of the contract of the Executive Secretary of the Superintendent. I did not receive a copy of the Department RAO contract. I did not receive a copy of the Department RAO job description.” It is unclear whether Mr. Sullivan requested “a copy of the contract of the Executive Secretary of the Superintendent.”

(emphasis added). The School provided supplemental responses on October 29, 2018 and October 30, 2018.

In its October 30" response the School asserts “[p]lease be advised that the job description for the Executive Director of the Office of the Superintendent has been previously forwarded to you. There is no job description for the Department RAO. There is no contract for the Department RAO. There is no contract for the position titled Executive Director of the Office of the Superintendent.” In a November 9, 2018 conversation with a Public Records Division staff attorney you confirmed that the only record responsive to the request and that exists is the job description for the Executive Director for the Office of the Superintendent, which was provided to Mr. Sullivan on October 9, 2018.

Under the Public Records Law, the records access officer shall identify any records that are not within its possession, custody or control of the public record sought. See G. L. c. 66, § 10(b)(ii); see also 950 C.M.R. 32.06(3)(c)(2). There is no obligation to create a record in response to a public records request. & L. c. 66, § 6A(d). Accordingly, in light of the School’s responses, including the October 30" response that explains “{t]here is no job description for the Department RAO. There is no contract for the Department RAO. There is no contract for the position titled Executive Director of the Office of the Superintendent,” I find the School has met its burden in responding to this request. I consider this administrative appeal closed.

Alueen

Rebecca S. Murray Supervisor of Records

cc: Paul Sullivan