Colman Herman v. Boston, City of - Public Schools (SPR 20221253)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 13, 2022 SPR21/1253 Shawn A. Williams, Esq. Director of Public Records Record Access Officer School of Boston One School Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Colman Herman appealing the response of the Boston Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 7, 2022, Mr. Herman requested “… copies of the final reports that deal with EQT-3 and EQT-6 issues for 2016 through 2019.” The School responded on May 10, 2022. Unsatisfied with the School’s response, Mr. Herman petitioned this office and this appeal, SPR22/1253, 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. 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

Shawn A. Williams, Esq. SPR22/1253 Page 2 June 13, 2022 The School’s May 10th Response In its May 10th response, the School advised, “…this request is a duplicate of R002624- 121721.” The subject matter and the issues raised in Mr. Herman’s appeal, as well as the School’s response, are similar to those addressed in SPR22/0393 and SPR22/0395. See SPR22/0393 and SPR22/0395 Determinations of the Supervisor of Records (March 4, 2022). Please note that on May 12, 2022, I referred this matter to the Office of the Attorney General (AGO) for enforcement. In light of this referral sent to the AGO, I decline to provide a determination as to the public status of the requested records at this time pending a resolution to the AGO’s review. See 950 C.M.R. 32.08(2)(b). Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. Herman 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, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman Herman