Laura H. Ortiz v. Lynn, City of - Public Schools (SPR 20220455)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 9, 2022 SPR22/0455 Charles N. Gallo, Esq. Compliance Officer Lynn Public Schools 100 Bennett Street Lynn, MA 01905 Dear Attorney Gallo: I have received the petition of Laura Ortiz appealing the response of the Lynn Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 15, 2021, Ms. Ortiz requested three categories of records, and from December 20, 2021 through February 18, 2022, made various modifications to her request, seeking policies, codes of conduct, forms used to apply for employment, and contracts for four (4) named individuals. The School provided numerous responses, concluding on February 22, 2022, and subsequent to the opening of this appeal, responded again on March 2, 2022. Unsatisfied with the School’s responses, Ms. Ortiz appealed, and this case 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 agency or municipality 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. Att’y 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

Charles N. Gallo, Esq. SPR22/0455 Page 2 March 9, 2022 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. Current Appeal In her appeal petition, Ms. Ortiz claims that contracts exist for the four named individuals, and that she has not been provided with the requested policies, codes of conduct, and forms used to apply for employment. The School’s Responses In its December 20th and December 21, 2021 responses the School provides links to websites containing the School’s policies and codes, and employment application forms. On February 18, 2022, the School stated that it had no responsive records for the requests for contracts for the four named individuals. Records on a Public Website Please be advised that it is permissible for the custodian of records to provide access to records via a link to a website. See 950 C.M.R. 32.04 (5)(e) (“A records access officer shall . . . to the extent feasible, furnish the public records by providing reasonable assistance in locating the records on an appropriately indexed and searchable public website”); see also 950 C.M.R. 32.07 (2)(a) (“A records access officer shall inform a requester of the availability of records online to avoid delays and fees associated with the provision of public records”). With regard to the requests for policies, codes of conduct, and forms used to apply for employment, the School provided links to websites which include these records. This office has reviewed the linked websites and confirmed that they contain documents responsive to the requests. Records in Existence Please be advised, 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). Additionally, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In a phone conversation with this office on March 3, 2022, an Attorney for the School confirmed that no contracts exist for the four individuals named in the request.

Charles N. Gallo, Esq. SPR22/0455 Page 3 March 9, 2022 Conclusion Accordingly, I will consider this administrative appeal closed. If Ms. Ortiz 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, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Laura Ortiz