Steven Fitzgerald v. Everett, City of - Public Schools (SPR 20210054)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 22, 2021 SPR21/0054 Superintendent Priya Tahiliani Everett Public Schools 121 Vine Street Everett, MA 02149 Dear Supt. Tahiliani: I have received the petition of Steven Fitzgerald appealing the nonresponse of the Everett Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 11, 2020, Mr. Fitzgerald requested “[a]ny Public Records requests made to the Everett Public Schools, Everett School Committee, or Everett school Department in 2017.” 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). 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. Subsequent to the intervention by a staff member of the Public Records Division, I learned that the School is aware of this request and is working on a response. As of the date of this letter, it is my understanding that the Department has not provided Mr. Fitzgerald a response to his request for records. 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

Supt. Priya Tahiliani SPR21/0054 Page 2 January 22, 2021 Conclusion Accordingly, the School is ordered to provide Mr. Fitzgerald with a response to the request, provided 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: Steven Fitzgerald