Colleen Walston v. Concord, Town of - Public Schools and Carlisle Regional School District (SPR 20213331)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 4, 2022 SPR21/3331 Jared Stanton Assistant Superintendent of Finance and Operations Concord Public Schools Concord Carlisle Regional School District 120 Meriam Road Concord, MA 01742 Dear Assistant Superintendent Stanton: I have received the petition of Colleen Walston appealing the response of the Concord Carlisle Regional School District (District) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Walston requested “a copy of the recorded video file for an April 12, 2021 Zoom presentation on literacy programming at the Concord Public Schools.” Previous appeal This request was the subject of a previous appeal. See SPR21/3163 Determination of the Supervisor of Records (December 6, 2021). The District provided a response on December 5, 2021. Unsatisfied with the District’s response, Ms. Walston petitioned this office and this appeal, SPR21/3331, 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 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

Jared Stanton SPR21/3331 Page 2 January 4, 2022 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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 District’s December 5th Response On December 5, 2021, the District provided a response, which included an “email to [Ms. Walston] from Dr. Hunter on November 13th at 5:02PM.” Ms. Walston appealed the December 5th response to this office requesting the District provide justification for the “fact that the district improperly destroyed the public record. Their response indicates that Concord Public Schools deleted the record.” Ms. Walston stated that District’s response claimed, “that Concord Public Schools has destroyed this public record.” Records Management Please be aware safeguards must be instituted by the District to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by this office. G. L. c. 66, § 8; G. L. c. 66, § 13; G. L. c. 66, § 15. For further guidance in records management and retention, the District may contact the Records Management Unit (RMU) at 617-727-2816. The RMU operates under the authority of the Supervisor of Records, assisting state and local government entities in creating, managing, securing, and preserving records needed to conduct business and protect the rights and obligations of citizens and government. Training workshops on records management are conducted upon request. Public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979). Whenever original public records are created outside the municipal offices, they must be transferred on a regular and frequent basis to secure storage in the municipal building. Office of the Sec’y of the Commonwealth of Massachusetts, Pub. Records Div., A Guide to the Massachusetts Public Records Law (2020); see also G. L. c. 66, § 1. Even where it is necessary to keep original public records in a location other than the municipal building, the records access officer has a duty to maintain copies of those records within the municipal building and make the public records available in a location convenient to the general public for inspection and copying. Id. Compliance with Records Management In its December 5, 2021 response, the District indicated it provided records responsive to Ms. Walston’s public records request.

Jared Stanton SPR21/3331 Page 3 January 4, 2022 The basis of Ms. Walston’s appeal raises questions regarding the records management of the District. With respect to the records that may have existed at a point in time, if the District maintains that the responsive records no longer exist, it must explain in writing whether it complied with the Public Records Law and the Municipal Records Retention Schedule (Schedule) in destroying the records. See G. L. c. 66, § 10(a)(i). Conclusion Accordingly, the District is ordered to provide Ms. Walston with a response to the request in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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: Colleen Walston Laurie Hunter; Superintendent of Schools