Malden Transparency v. Marshfield, Town of - Public Schools (SPR 20213095)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 7, 2021 SPR21/3095 Jeffrey W. Granatino Superintendent Marshfield Public Schools 76 South River Street Marshfield, MA 02050 Dear Superintendent Granatino: I have received the petition of Malden Transparency appealing the response of Marshfield 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 26, 2021, Malden Transparency requested certain billing statements and documents evidencing payments. Previous appeal This request was the subject of a previous appeal. See SPR21/2682 Determination of the Supervisor of Records (October 27, 2021). The School provided a response on October 18, 2021. Unsatisfied with the School’s response, Malden Transparency petitioned this office and this appeal, SPR21/3095, 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 Granatino, Superintendent SPR21/3095 Page 2 December 7, 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); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The School’s October 18h Response On October 18, 2021, the School provided a response explaining, “[a]ttached [Malden Transparency] will find information related to [its] request for documents evidencing payments made to Murphy, Hesse, Toomey & Lehane LLP, 300 Crown Colony Drive, Suite 410 (PO Box 9126), Quincy MA 02269 from January 1, 2019 thru October 8, 2021.” In its appeal to this office, Malden Transparency stated; “the RAO has failed to provide responsive documents for request #1 entirely. No responsive records for billing statements not billing summaries were transmitted or received.” In addition, Malden Transparency claimed “[t]he RAO has failed to provide all responsive records for request #2.” 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 Malden Transparency 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 Malden Transparency 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). Conclusion Accordingly, the School is ordered to provide Malden Transparency with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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.

Jeffrey Granatino, Superintendent SPR21/3095 Page 2 December 7, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Malden Transparency Amy Scolaro