Debbie Barnes v. Billerica, Town of - Public Schools (SPR 20221940)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 7, 2022 SPR22/1940 Robin Hulsoor Director of Finance and Operations Billerica Public Schools 365 Boston Road Billerica, MA 01821 Dear Ms. Hulsoor: I have received the petition of Debbie Barnes appealing the response of the Billerica 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 20, 2022, Ms. Barnes requested “… all documentation, emails, text messages, correspondence, meeting summaries, etc. related to an incident that happened . . . on February 2, 2022 between [named persons]… documentation, emails, texts, Aspen entries, etc. to show exactly when [named person] reported this incident, and to whom he reported it to.” Prior Appeal The requested records were the subject of a prior appeal. See SPR22/1694 Determination of the Supervisor of Records (August 8, 2022). In my August 8th determination, I found that the School intended on providing a response to Ms. Barnes and closed the appeal. On August 19, 2022, the School provided a further response. Unsatisfied with the School’s response, Ms. Barnes petitioned this office and this appeal, SPR22/1940, 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. 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

Robin Hulsoor SPR22/1940 Page 2 September 7, 2022 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. The School’s August 19th Response In its August 19, 2022 response, the School provided responsive records and confirmed that based on the request no additional records exist. In a phone call on September 7, 2022, the School confirmed that no additional responsive records exist. Records in Existence Ms. Barnes is advised that 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). However, 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). Conclusion Where the School has confirmed that it does not possess additional records responsive to Ms. Barnes’ request, I will now consider this administrative appeal closed. If Ms. Barnes 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, Manza Arthur Supervisor of Records cc: Debbie Barnes