Steven Fitzgerald v. Everett, City of - Public Schools (SPR 20221731)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 10, 2022 SPR22/1731 Priya Tahiliani Superintendent Tahiliani Everett Public Schools 121 Vine Street Everett, MA 02149 Dear Superintendent Tahiliani, I have received the petition of Steven Fitzgerald appealing the response of the Everett Public Schools (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 25, 2022, Mr. Fitzgerald requested “… all text, emails, and messages sent or received by Everett School Committee [named member] … [on] May 16, 2022.” The School provided certain documents. Unsatisfied with the response, Mr. Fitzgerald petitioned this office and this appeal, SPR22/1731, 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

Priya Tahiliani SPR22/1731 Page 2 August 10, 2022 The School’s response In its response, the School provided certain responsive documents. Current appeal In his appeal, Mr. Fitzgerald advises that the [School] has not forwarded all the requested documents. Upon review of the [School’s] response, in conjunction with Mr. Fitzgerald’s appeal, it is unclear if the School possesses additional records responsive to the original 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). The School must clarify this matter. Conclusion Accordingly, the School is ordered to provide Mr. Fitzgerald 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, Manza Arthur Supervisor of Records cc: Steven Fitzgerald