Laura H. Ortiz v. Lynn, City of - Office of the City Solicitor (SPR 20222303)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 26, 2022 SPR22/2303 James P. Lamanna, Esq. Records Access Officer City of Lynn Office of the City Solicitor 3 City Hall Square, Room 406 Lynn, MA 01901 Dear Attorney Lamanna: I have received the petition of Laura H. Ortiz appealing the response of the City of Lynn (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 3, 2022, Ms. Ortiz requested the following records: [1] Copy of all Contracts, School Lunch Contracts … between City of Lynn and/or Lynn Public School District/other with Chartwells, and/or Chartwells K12 or other applicable vendor… For School Years 2022-2023. [2] School Lunch Contracts … between City of Lynn and/or Lynn Public School District/other with Chartwells, and/or Chartwells K12 Partner Revolution Foods (who supplies the meals for any Lynn Public School) or other applicable vendor(s) … For School Years 2022-2023. On September 2, 2022, Ms. Ortiz modified her request to include numerous records regarding a named school lunch program and emails between the City and Lynn Public Schools. Prior Appeal The requested records were the subject of a prior appeal. See SPR22/2209 Determination of the Supervisor of Records (October 12, 2022). In my October 12th determination, I found that the City provided a further response on September 29, 2022, and closed the appeal. Unsatisfied with the City’s response, Ms. Ortiz petitioned this office and this appeal, SPR22/2303, was opened as a result. 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

James P. Lamanna, Esq. SPR22/2303 Page 2 October 26, 2022 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. Current Appeal In her current appeal, Ms. Ortiz claims that the City did not provide all responsive records regarding a named school lunch program and any emails between the City and Lynn Public Schools. The City’s September 29th response In its September 29, 2022 response, the City stated, “[e]nclosed please find all additional records that are in the possession of the City of Lynn responsive to Ms. Ortiz’s request which is the subject to the above-referenced appeal.” The City concluded, “[t]he City of Lynn is aware of no other documents in existence that are responsive to Ms. Ortiz’s request that are in the custody of the City of Lynn.” Based on the City’s response, in conjunction with Ms. Ortiz’s claim, it is unclear if the City possesses additional records responsive to her modified 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). The City must clarify this matter. Conclusion Accordingly, the City is ordered to provide Ms. Ortiz 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.

James P. Lamanna, Esq. SPR22/2303 Page 3 October 26, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Laura H. Ortiz