Kevin Wood v. Georgetown, Town of - Public Schools (SPR 20221192)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 6, 2022 SPR22/1192 Carol Jacobs Superintendent Georgetown Public Schools 51 North Street Georgetown, MA 01833 Dear Superintendent Jacobs: I have received the petition of Kevin Wood appealing the response of the Georgetown Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 29, 2022, Mr. Wood requested the following records: 1. Proposals and/or executed contracts or agreements with parties other than Foley Hoag LLP to the benefit of the investigation of the September 17, 2021 football game. 2. Amendments or revisions to the Foley Hoag LLP contract approved 10.21.21[.] 3. Foley Hoag LLP invoices and transmittals showing date of receipt and origin; and invoices and transmittals showing date of receipt and origin from other parties* to the benefit of the investigation of the September 17, 2021 football game. 4. Invoice recommendations and approvals, payment records to Foley Hoag LLP. Invoice recommendations and approvals; payment records made to other parties* to the benefit of the investigation of the September 17, 2021 football game. 5. Payment reviews and/or recommendations provided to the school committee for their 04.28.22 meeting in support of warrant acceptance. Payment reviews and/or recommendations given by school committee members to the Business Office. 6. School committee and school administration communications involving the Foley Hoag LLP investigation and/or invoices and payments from January 1, 2022 to the present. * Other parties includes but not limited to Brody, Hardoon, Perkins & Kesten, investigators, consultants, etc. 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

Superintendent Carol Jacobs SPR22/1192 Page 2 June 6, 2022 On May 13, 2022, the School provided a response, including responsive records. On May 14, 2022 and May 17, 2022, Mr. Wood sent correspondences to the School requesting certain records which he claimed were not produced. Indicating that he has not received these records, Mr. Wood petitioned this office and this appeal, SPR22/1192, 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. 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. 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 On May 13, 2022, the School enclosed records responsive to Mr. Wood’s request. In his appeal petition, Mr. Wood states: Of concern in this appeal are a series of SMS text messages between superintendent Jacobs and [a named Attorney] discussing the Foley Hoag investigation and missing invoices . . . In Exhibit 2 page 6 superintendent Jacobs responds to an undisclosed inquiry from [the Attorney] for her ‘personal’ email address. On May 14, 202[2] I restated my request for records . . . and included the superintendent’s personal email address as subject to the request. The response was silent and ignored the superintendent’s personal email. . . . On May 17, 202[2] I again restated my request . . . This response was also silent and ignored the superintendent’s personal email. . . . For the above reasons I request the Supervisor of Records compel the superintendent to release all records contained in her personal email regarding the September 17, 2021 football game and communications with [the Attorney].

Superintendent Carol Jacobs SPR22/1192 Page 3 June 6, 2022 In light of the above, I find the School must confirm if it possesses additional records responsive to the request. 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). To the extent that additional records exist, I find the School must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the School is ordered to provide Mr. Wood 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Kevin Wood