Sheila Ashton v. Westfield, City of - Office of the City Solicitor (SPR 20200844)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 9, 2020 SPR20/0844 Robyn Gay Records Access Officer Office of the City Solicitor City of Westfield 59 Court Street, Room 320 Westfield, MA 01085 Dear Ms. Gay: I have received the petition of Sheila Ashton appealing the response of the City of Westfield Office of the City Solicitor (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Ashton requested “all videos of my son…shown in the hallway on September 13, 2019 at Westfield Intermediate School.” Previous appeals This request was the subject of previous appeals. See SPR20/0018 Determination of the Supervisor of Records (January 16, 2020); SPR20/0339 Determination of the Supervisor of Records (March 4, 2020). In my March 4th determination, I found in light of the Office’s offer for Ms. Ashton to view the security tape in person, I considered the administrative appeal closed. Ms. Ashton was informed that if issues remain unresolved, she may appeal the substantive nature of the Office’s response within ninety days. See 950 C.M.R. 32.08(1). Current Appeal In its January 30th response, the Office explained “I have offered several times for you to come to my office so that you may view the footage yourself. Massachusetts General Law Chapter 4, §7(26)(c) prohibits me from releasing the video to you as the disclosure may constitute an unwarranted invasion of personal privacy. Specifically, there are students, teachers and aides throughout the entire video. I have confirmed with Katherine Borque, Principal of Westfield Intermediate School that these are the only video tapes that they had in their possession that would provide you with what you were requesting. ” In her appeal, Ms. Ashton states “[t]hank you for allowing us to view the video tapes of our son from September 13, 2019 on March 13, 2020 (originally request on October 1, 2019 - 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

Robyn Gay SPR20/0844 Page 2 June 9, 2020 SPR20/0018) in the hallways at Westfield Intermediate School. However, I am once again appealing to you and the Commonwealth of Massachusetts to please do the right thing and fulfill our original request of providing us copies of the videos of my son (which you already provided us with one short clip). After viewing the tapes, and NOT allowing us to record them with our own devices or providing us with copies, I am more convinced than ever that it is imperative you provide us the copies requested. I am also requesting that you not only provide us with the portions of the tape that my son is on, but also include the portions of the tape that either you, or the school, or whomever, cut out…[i]f the portion of the tape that was cut out is permanently deleted, please provide us with the portions of tape where he should have been shown, regardless that my son was not in them. The tape we viewed excluded his entry and exit to the nurse’s office. Please include these videos of where they cut him out of. I am not sure of your reasoning for withholding these tapes, as we are certainly within the limits of the law for you to provide them… Please let me know as soon as possible if you intend to continue to withhold copies of these videos. They will be needed as evidence for upcoming hearings.” Where Ms. Ashton has confirmed she was provided access to the requested record, I find the basis of Ms. Ashton’s appeal unclear. Further, it appears Ms. Ashton is amending her original request to include “portions of tape where he should have been shown, regardless that my son was not in them.” As a result, Ms. Ashton has not adequately described the type of action she seeks from this office. See 950 C.M.R. 32.08(1)(f) (all petitions for appeal shall be in writing and shall specifically describe the nature of the requestor's objections to the response). Ms. Ashton may resubmit an appeal to this office once the appeal has been clarified. Sincerely, Rebecca S. Murray Supervisor of Records cc: Sheila Ashton