Jacob J. Whitmore v. Melrose, City of - Public Schools (SPR 20230104)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 30, 2023 SPR23/0104 Amy Lindquist, Esq. Assistant City Solicitor for School and Labor City of Melrose 360 Lynn Fells Parkway Melrose, MA 02176 Dear Attorney Lindquist: I have received the petition of Jacob J. Whitmore appealing the response of the City of Melrose (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 30, 2022, Mr. Whitmore requested the following records: [1.] Salary information for all administrators in the district [2.] The percentage of administer raises over the last 3 years/a copy of their contract/payscale. [3.] An account of how Covid funds were spent and any remaining balance. The City provided a response on December 2, 2022. Unsatisfied with the response, Mr. Whitmore petitioned this office and this appeal, SPR23/0104, 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, § l0A(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 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

Amy Lindquist, Esq. SPR23/0104 Page 2 January 30, 2023 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. The City’s December 2nd Response In its December 2, 2022 response, the City provided records and further stated, “…can you clarify how you are defining ‘Covid Funds’…” Following the City’s response, Mr. Whitmore provided information in an email dated December 2, 2022. Current appeal In his appeal, Mr. Whitmore states, “[t]he official response asked for clarification to which I provided.” Where Mr. Whitmore has provided additional information regarding his request, it is unclear if the City possesses any 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). 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). The city must clarify this matter. Conclusion Accordingly, the City is ordered to provide Mr. Whitmore with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 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: Jacob J. Whitmore