Commonwealth Transparency v. Mansfield, Town of - Public Schools (SPR 20212683)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 22, 2021 SPR21/2683 Michelle O’Connor Records Access Officer Mansfield Public Schools 2 Park Row Mansfield, MA 02048 Dear Ms. O’Connor: I have received the petition of Commonwealth Transparency appealing the response of the Mansfield Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 12, 2021, Commonwealth Transparency requested the following: For the time period January 1, 2016 through the date [the School] respond[s] with the responsive documents, please provide the following[:] [1] Any and all public records requests seeking public records of your school(s), and/or district(s)[;] [2] All metadata from the requests in #1 above including all contact information of the requestor including but not limited to emails and text messages[;] [3] All electronic communications regarding #1 above including but not limited to emails and text messages [, and;] [4] All responses, appeals, fee requests and responsive records resulting from the requests in #1 above. The School responded on October 13, 2021. Unsatisfied with the School’s response, Commonwealth Transparency petitioned this office and this appeal, SPR21/2683, was opened as a result. The School’s October 13th Response In its October 13, 2021 response, the School stated, “Please make your request through our Public Records Request portal on our website.” 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

Michelle O’Connor SPR21/2683 Page 2 October 22, 2021 Pursuant to 950 C.M.R. 32.06, “requests for public records may be made orally in person to a records access officer or custodian or may be written. . . . [W]ritten requests may be delivered by a requester to the business address or designated website or email address of a records access officer or custodian: 1. by hand; 2. by mail; 3. by electronic mail; or 4. by facsimile, if custodian has facsimile access.” See 950 C.M.R. 32.06(a), (c). Consequently, where Commonwealth Transparency submitted its request via electronic mail, it is unclear why the School requires that requests be submitted through the portal before producing responsive records. Based on the foregoing, I find that the School has not met its burden in responding to this request under the Public Records law. Conclusion Accordingly, the School is ordered to provide Commonwealth Transparency 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: Commonwealth Transparency