Christine McCue Potts v. Medfield, Town of - Public Schools (SPR 20191571)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 15, 2019 SPR19/1571 Jeffrey Marsden, Ed.D. Superintendent Town of Medfield Public Schools 459 Main Street, 3rd Floor Medfield, MA 02052 Dear Dr. Marsden: I have received the petition of Christine McCue appealing the response of the Town of Medfield Public Schools (School) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on June 26, 2019, Ms. McCue requested: 1. A copy of the contract and/or written agreement (e.g., e-mail with details on services & cost) between Medfield Public Schools and John Guilfoil Public Relations; and 2. Draft minutes and documents shared and/or discussed (including individual member assessments) from the June 20 Medfield School Committee meeting/planning session. On July 8, 2019, the School provided Ms. McCue with the responsive contract (Request Number 1) ; however, the School indicated that due to a lack of staff availability due to vacation, the meeting minutes are not in draft form, (Request Number 2). The School advised Ms. McCue that it hoped to provide her with the minutes by the end of the following week. In a July 22, 2019 email to you and the Chair of the School Committee (Committee), Ms. McCue indicated that she received the individual Committee members' self-assessment documents of Meghan Glenn and Jessica Reilly from the June 20th workshop-meeting; however, she has not been provided with the individual self-assessments of Anna Mae O'Shea Brooke, Leo Brehm and Tim Knight. She was also waiting for any additional documents shared and/or discussed at the June workshop-meeting. Further, in her July 2211 d email, Ms. McCue clarified her request for the original, un~transcribed/unapproved minutes from the workshop-meeting. On July 24th, the School provided Ms. McCue with a copy of the June 20, 2019 School Committee workshop meeting minutes in draft form. As a result of not receiving all the requested records, Ms. McCue petitioned the Supervisor of Records (Supervisor), and this appeal was opened. 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

Dr. Jeffrey Marsden SPR19/1571 Page 2 August 15, 2019 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) (written response must "identify any records, categories of records or p01iions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "); 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). 1\ On August 151 in a telephone conversation, you explained to a Public Records Division staff attorney that Ms. McCue was provided with some of her requests, and that the School's Legal Counsel, Paul G. King, Esq. of Murphy, Hesse, Toomey & Lehane, LLP was in the process of providing further records and a supplemental response. This office also learned that the School did not assess any fees to provide the responsive records. In an August 15th response, after contacting this office by email and telephone, Attorney King states, " ... the Committee notes for the Supervisor, as it has in other recent requests and appeals by [Ms. McCue], that the Committee has been dealing with staff shortages and lack of availability during the Summer months. Specifically, multiple Committee members have been, or still are, on extended vacations outside of the state and/or outside of the country. As a result, those Committee members have had limited or, at times, no internet access. Also, administrative staff members supp01iing the Committee have been on vacation at various times during recent months." The School, through Attorney King, attempted to provide responsive records via email on August 1st\ however, the attachments were too large to be accepted by this office's and Ms. McCue's email servers. It is my understanding that, if the records cannot be provided via email, the School will provide the records to Ms. McCue via U.S. Postal Mail. In this transmission of records, the School is providing: • Individual Committee member assessments from the June 201h workshop-meeting of Anna Mae O'Shea Brooke and Tim Knight; and • Handwritten meeting minutes (notes) created at the Committee's June 201h workshop-meeting.

Dr. Jeffrey Marsden SPR19/1571 Page 3 August 15, 2019 No responsive records The School's August 15th response states, "[t]here are no responsive records regarding Committee member Leo Brehm." (Ms. McCue's Request Number 2-Committee Member self assessments). See G. L. c. 66, § 6A(d); see also 950 C.M.R. 32.06(3)(c)(2). Under the Public Records Law, the School has no obligation to create a record in response to a public records request. 32 Op. Att'y Gen. 157, 165 (May 18, 1977). Whereas the School has now provided all the records responsive to Ms. McCue's Request Numbers 1 and 2, I will consider that portion of Ms. McCue's June request closed. With regard to the balance of Ms. McCue's request for any records shared by the Committee during the June 20th meeting, such as any research notes/documents in the custody, control or possession of Committee member Meaghan Glenn, the School will provide these records if they exist, after August 201h when Ms. Glenn returns from her vacation. Conclusion Accordingly, the School is ordered to provide Ms. McCue with a response to her request for any bus research notes/documents held by the School Committee, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. 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: Christine McCue Paul G. King, Esq., Murphy Hesse Toomey & Lehane, LLP