Christine McCue Potts v. Medfield, Town of - Public Schools (SPR 20211830)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 5, 2021 SPR21/1830 Jeffrey J. Marsden, Ed.D Superintendent Medfield Public Schools 459 Main Street, Third Floor Medfield, MA 02052 Dear Superintendent Marsden: I have received the petition of Christine McCue Potts appealing the response of the Medfield Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 15, 2021, Ms. McCue Potts requested, “copies of all 2017 records, including letters, e-mails, text messages, and other correspondence to and from Medfield School Committee members, school administrators, Medfield teachers/other staff, and/or parents, that was related in any way to the community-sponsored ‘We're Thankful. .. Medfield Teachers the heart (symbol) of Our Schools’ lawn signs.” The School provided a response on June 24, 2021. Unsatisfied with the School’s response, Ms. McCue Potts petitioned this office and SPR21/1830 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). 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. 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

Jeffrey J. Marsden, Ed.D SPR21/1830 Page 2 August 5, 2021 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); -se-e -a-ls-o 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The School’s June 24th response In its June 24, 2021 response, the School stated “[a]t this time we are able to provide [Ms. McCue Potts] with a letter from former school committee chair Maryanne Sullivan. All other materials are being researched at this time. There is potential for the cost associated with this request. Please be aware that a records access officer may assess a reasonable fee for the production of a public record except for those records that are freely available for public inspection. G. L. c. 66, § 10(d). We will provide [Ms. McCue Potts] with an estimate as soon as possible.” In her appeal, Ms. McCue Potts stated “the following records have not yet been received, and it is now past the mandatory 25-business day response required for a municipality after the initial response.” Ms. McCue Potts explained that there has been “[n]o specific timeframe for producing the records; [n]o itemized, good faith estimate of any fees that may be charged to produce the records; and [n]o statement informing me of my right to appeal to the supervisor of records” provided by the School. Records in existence 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). If the School does possess requested records and intends to withhold portions of the records pursuant to the Public Records Law, an exemption must be provided. See G. L. c. 66, § 10(b)(iv) (custodian has the burden of establishing the applicability of an exemption and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based). In light of the issues raised by Ms. McCue Potts regarding the existence of responsive records, I find it is unclear whether additional responsive records exist. The School must clarify this matter. This office continues to encourage Ms. McCue Potts and the School to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, §10(b)(vii) (a 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 municipality to produce records sought more efficiently and affordably).

Jeffrey J. Marsden, Ed.D SPR21/1830 Page 3 August 5, 2021 Conclusion Accordingly, the School is ordered to provide Ms. McCue Potts with a response to the request, 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: Christine McCue Potts Rachel L. Millette, Esq.