Joseph Smith v. Department of Elementary and Secondary Education (SPR 20212337)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 22, 2021 SPR21/2337 Helene Bettencourt Records Access Officer Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148 Dear Ms. Bettencourt: I have received the petition of Joseph Smith appealing the response of the Department of Elementary and Secondary Education (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 3, 2021, Mr. Smith requested email records from June 1, 2020 through the date of his request, which include: • The file attachment titled, “JAllen,RiskReductionStrategiesforTRANSPORTATION.12- 02-2020.pdf” or that have any attachment with a name which starts with “JAllen.RiskReductionStrategies;” • A response to any email which have a file attachment titled “JAllen.RiskReductionStrategiesforTRANSPORTATION.12-02-2020.pdf” or have an attachment with a name which starts with “J.Allen.RiskReductionStrategies.” Prior appeal The requested records were the subject of a prior appeal. See SPR21/1518 Determination of the Supervisor of Records (Supervisor) (July 1, 2021). Where the Department did not respond to Mr. Smith’s June 3rd request, I ordered the Department to provide Mr. Smith with a response. On September 10, 2021, the Department provided Mr. Smith with email communications with an attachment containing a file that includes “JAllen.RiskReductionStrategies” as part of the file name. The Department states, “[i]f an email contains such an attachement, this production includes the email, the attachment, and other attachments that may have been included with the email.” 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

Helene Bettencourt SPR21/2337 Page 2 September 22, 2021 Additionally in its September 10th response, the Department requests clarity on the request for records, “which RESPOND to any email which have said file attachment…” The Department informed Mr. Smith that any such records are not obviously identifiable and the Department asks Mr. Smith to provide more information about the sender and recipients, the subject of the email, and specific dates that the Department can identify and produce for the responding emails. You informed Mr. Smith that if he wishes to discuss his request and/or the Department’s response, he may contact you at the email address in the September 10th letter. Unsatisfied with the Department’s request for clarification, on September 11th, Mr. Smith petitioned the Supervisor, and the current appeal was opened. 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). Reasonable Description of Records Sought A public records request must reasonably describe the records sought. See G. L. c. 66, § 10(a)(i). In Chawla, the Superior Court found that under the Public Records Law “[t]he reasonable description requirement contemplates that a requesting party will identify documents or categories of documents with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.” See Jaideep Chawla v. Dept of Revenue, Suffolk. Sup. No. l 784CV02087, at 2 (January 23, 2019). In its September 10th response, the Department explained that it requires additional information to clarify the request for emails that “respond.” Specifically, the Department seeks “…more information about the sender and recipients, the subject of the email, and specific dates, the Department can identify and produce for the responding emails you seek.” It is my understanding that Mr. Smith did not contact the Department to clarify his request; instead, he requested this office open an appeal for him. Mr. Smith objects to the Department waiting three months from the June 3rd request for clarification. In his petition, Mr. Smith informed this office that his request is simple, he states, “I am asking for any email responses (a.ka. replies) to any email which had the file attachment titled, JAllen.RiskReductionStrategiesforTRANSPORTATION.12-02-2020.pdf or which have any attachment with a name which states with JAllen.RiskReductionStrategies. In other words. If someone sent an email with the designated file attached, I want to see any email responses to that.”

Helene Bettencourt SPR21/2337 Page 3 September 22, 2021 Based on the forgoing, it is unclear whether the Department has enough information, from Mr. Smith’s September 11th email to clarify the request. In addition, Mr. Smith may wish to provide the Department with the particular information it asked for in the Department’s September 10th response and production of records. See G. L. c 66, § 10(a)(i) (the request must reasonably describe the public record sought). I find that the Department must provide Mr. Smith with a response to explain whether the Department is able to search for the records using the information in Mr. Smith’s September 11th email. I also encourage the parties to continue to communicate in order to provide any further records in the possession of the Department. Conclusion Accordingly, the Department is ordered to provide Mr. Smith with a response to the request and his clarification, 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: Joseph Smith