Juan Jefferson v. Lynn, City of - Public Schools (SPR 20201907)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 20, 2020 SPR20/1907 Charles Gallo Compliance Officer / Records Access Officer Lynn Public Schools City of Lynn 100 Bennett Street Lynn, MA 01905 Dear Mr. Gallo: I have received the petition of Juan Jefferson appealing the response of Lynn Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Jefferson requested “a roster of all staff members assigned to Lynn Classical High School as of 9:00am on Tuesday, September 8th, 2020” containing five categories of information: 1. Last name 2. First name 3. Position/Job Title 4. Email address (work) 5. Educator Licensure Number. The School provided a response to Mr. Jefferson on October 1, 2020, providing responsive records, other than the educator license numbers. Unsatisfied with this response, Mr. Jefferson petitioned this office and this appeal, SPR20/1907, was opened as a result. 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, § 10A(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). 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

Charles Gallo SPR20/1907 Page 2 October 20, 2020 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Current Appeal In its October 1st response, the School states that “Lynn Public Schools does not possess any document that includes both email addresses and educator license numbers.” The School further states that “educator license numbers would be withheld for privacy reasons, even if they were available as requested.” No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, §6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Atty Gen. 157, 165 (May 18, 1977). 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. See G. L. c. 66, § 10(a)(ii). Although the School states that it “does not possess any document that includes both email addresses and educator license numbers,” it is unclear whether the School possesses a list, or similar document, containing the educator license numbers without email addresses. This office encourages the parties to communicate to facilitate the School providing Mr. Jefferson with the records he seeks. See G. L. c. 66, § 10(b)(vii) (an agency or municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably). If unresolved issues remain, Mr. Jefferson may file a subsequent appeal. Sincerely, Rebecca S. Murray Supervisor of Records cc: Juan Jefferson