Paul Sullivan v. Framingham, City of - Public Schools Department (SPR 20181694)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 28, 2018 SPRlS/1694 Nancy Piasecki Executive Director of the Office of the Superintendent Framingham Public Schools 73 Mt. Wayte Ave., Suite 5 Framingham, MA 01702 Dear Ms. Piasecki: I have received the petition of Paul Sullivan appealing the response of the Framingham Public Schools (School) to a request for public records. G. L. c. 66, § 1 OA; see also 950 C.M.R. 32.08(1). Specifically, on November 5, 2018 Mr. Sullivan requested" ... a copy of all 'grants' applications received and all approved including the value from the Framingham High School Foundation for the last 3 years. My understanding is the Principal of the high school must approve all of these however if there are others approved by the assistant principal and Athletic director without the principal' s approval I would like these as well." The School responded on November 9, 2018 and Mr. Sullivan 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, § 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, § 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. G. L. c. 66, § lO(b )(iv). Appeal In its November 9th response the School asserts "[t]he Framingham High School 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 SPR18/1694 Page 2 November 28, 2018 Foundation is a separate entity from the Framingham High School and the School Department is not in possession of this information." In his appeal petition Mr. Sullivan indicates "[t]he request is for documents that are clearly being approved by the staff of the Framingham schools. The grants are approved and accepted by the Framingham schools." "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, created or received by any officer or employee of the Commonwealth, or any political subdivision thereof, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Based on the School's November 9th response, and the issues raised in Mr. Sullivan's appeal, it is unclear how employees of the School do not possess responsive records. Further, it is not clear whether an agency relationship exists between the School and the Framingham High School Foundation, thereby making responsive records subject to the Public Records Law. See Fifty-one Hispanic Residents of Chelsea v. School Comm. of Chelsea, 421 Mass. 598, 607-08 (1996) (discussing agency relationship between a public and private entity within the context of the Public Records Law). I find the School must clarify whether it possesses responsive records and produce such records in accordance with the Public Records Law and its Regulations. See G. L. c. 66, § lO(a)(ii) (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). Conclusion Accordingly, the School is ordered to provide a response to Mr. Sullivan in a manner consistent with this determination, the Public Record Law, and its Regulation within 10 business days. A copy of 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, ~~ Supervisor of Records cc: Paul Sullivan