Corey Spaulding v. Framingham, City of (SPR 20192379)

The Commonwealth of Massachusetts. William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 10, 2019 SPR19/2379 Todd Palmer Super Records Access Officer 150 Concord Street Framingham, MA O1 702 Dear Todd Palmer: I have received the petition of Corey Spaulding appealing the response of the City of Framingham (City) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Spaulding requested "the quantity of emails I sent to the School Committee for the years: 2019, 2018, 2017, 2016 and 2015, 2014." In an email dated November 25, 2019, the City provided Ms. Spaulding a response. Unsatisfied by this response, Ms. Spaulding petitioned this office and as a result SPRl 9/23 79 was opened. Tlie 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. Current Appeal In its November 25th response the City states, "[w]e do not create/ retain records that aggregate past requests. So as such we are not required to create a record that does not exist, therefore there are no responsive records to your request." One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727- 5914sec.state.ma.us/pre • pre@sec.state.ma.us

Todd Palmer SPR19/2379 Page 2 December 10, 2019 In her appeal to this office Ms. Spaulding notes, "my public records request is for the number (quantity) of emails I sent to the Framingham Public Schools as they have claimed I sent hundreds. How did they come up with 'hundreds?' I am confused by Mr. Palmer's response 'We do not create/ retain records that aggregate past requests. So as such we ate not required to create a record that does not exist, therefore there are no responsive records to your request."' No Duty to Create Records Please be advised, under the Public Records Law the City is not required to create a record in response to a public records request. See G. L. c. 66, §6A(d). 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 ofrecords at the time of the request. See G. L. c. 66, § IO(a)(ii). Conclusion Whereas the City does not possess records responsive to Ms. Spaulding's request and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Corey Spaulding