Gary Floyd v. Department of Youth Services (SPR 20202600)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 11, 2021 SPR20/2600 Ramona Krogman Paralegal/Records Access Officer Department of Youth Services 600 Washington Street, 4th Floor Boston, MA 02111 Dear Ms. Krogman: I have received the petition of Gary Floyd appealing the response of the Department of Youth Services (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on December 9, 2020, Mr. Floyd requested: “[d]ates of any communication that [the Department] sent to parents or guardians of students in their custody, about the lack of English in the 2017-2018 and 2018-2019 school years; the dates that the students themselves were contacted; and a copy of all of the communication that the [Department] sent out, of course with all confidential material removed from their letters.” The Department provided a December 24, 2020 response to Mr. Floyd’s December 9th request. Not satisfied with the December 24th response, Mr. Floyd petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his petition, Mr. Floyd objects to the Department’s provision of an email sent between the Department’s employees including its attorneys, because he asked for a copy of the letters that went out to parents and students. In addition, Mr. Floyd asserts that whereas the Department has been investigating the underlying matter for almost three years, it is his belief that the Department has failed to complete its study or report. 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

Ramona Krogman SPR20/2600 Page 2 January 11, 2021 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) (written response must “identify any records, categories of records or portions 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). After this appeal was opened, on January 6, 2021, Cecely A. Reardon, General Counsel and Records Access Officer for the Department, provided Mr. Floyd and this office with a further response. Upon receipt of the January 6th response, Mr. Floyd sent an email to Attorney Reardon with a copy to this office. In his January 6th email to the Department, Mr. Floyd states, “…I’ll consider this matter closed and I will be getting the FOIA for [further] information ready.” Conclusion Accordingly, this matter is closed. If unresolved issues remain, Mr. Floyd may appear the Department’s January 6th response within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Gary Floyd Cecely A. Reardon, General Counsel