Patrick J. Mason v. Sharon, Town of - Public Schools (SPR 20212516)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 7, 2021 SPR21/2516 Dr. Peter Botelho Superintendent Records Access Officer Sharon Public Schools 75 Mountain Street Sharon, MA 02067 Dear Dr. Botelho: I have received the petition of Patrick Mason appealing the response of the Sharon Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 14, 2021, Mr. Mason requested, “[a] list of the Sharon Public School graduates for the class of 1992 and 1993 [including first, middle, and last names].” Previous appeal This request was the subject of a previous appeal. See SPR 21/2374 Determination of the Supervisor of Records (September 24, 2021). On September 14, 2021, the School stated that it did not possess records responsive to Mr. Mason’s request. On September 24, 2021, I asked that the School clarify whether records responsive to Mr. Mason’s request existed. The School responded to Mr. Mason on September 29, 2021. Unsatisfied with the School’s response, Mr. Mason petitioned this office and this appeal, SPR 21/2516, 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 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

Dr. Peter Botelho SPR21/2516 Page 2 October 7, 2021 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. The School’s September 29th Response In its September 29, 2021 response, the School stated, “[a]s indicated in its initial response to you, the [School] has searched for the requested records…and does not possess any records responsive to your request.” Current Appeal Mr. Mason indicated in his appeal that, “[he believes that] student records per the Dep[artment] of Elementary and Second[ary] Education…requires [that] student records…be maintained for 60 years following graduation …” 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). Conclusion Representatives of the School and the Public Records Division spoke telephonically on October 12, 2021 regarding the requested records. The School informed our office that the requested records are not stored electronically and confirmed there are no paper records responsive to this request in their possession. Where the School does not possesses any records responsive to Mr. Mason’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Mason is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10A(c)

Dr. Peter Botelho SPR21/2516 Page 3 October 7, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Patrick Mason