Jonathan Guzman v. Lawrence, City of - Public Schools (SPR 20230457)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 17, 2023 SPR23/0457 Odanis M. Hernandez Chief Operating Officer Records Access Officer City of Lawrence Public Schools 237 Essex Street Lawrence, MA 01840 Dear Mr. Hernandez: I have received the petition of Jonathan Guzman appealing the response of the Lawrence 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 February 20, 2023, Mr. Guzman requested “…the financial statement audits for the (School) from 2011 to 2022.” In an initial response on February 21, 2023, the City Clerk’s Office asserts in a response, “[t]he records requested are not within the possession, custody, of control of the records access officer. The records may be in the possession, custody, or control of another City Department as referenced; The City of Lawrence reserves the right to exercise any and all exemptions that may require withholding disclosure of records or redaction of information as may be determined by Counsel representing the City of Lawrence, MA. This request has been forwarded to the Department(s) referred in this response. They will respond directly to you…” On March 7, 2023, Mr. Hernandez provided a response to Mr. Guzman accompanied by records. In his response, Mr. Hernandez states, “…I am responding to your request within the required ten business days. Attached are the PDF’s (12 records) for each year of financial statements that you requested…” Claiming to not have received all the responsive records, Mr. Guzman petitioned this office and this appeal, SPR23/0457, was opened. 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 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

Odanis M. Hernandez SPR23/0457 Page 2 March 17, 2023 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) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). 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. Current appeal In his petition, Mr. Guzman asserts, “[t]he [D]epartment has provided me with the basic financial statements for the City of Lawrence. As indicated by the law, such documentation or the [C]ity side is already posted on the [C]ity’s website, in which the [City’s] educational budget amount appears once with no further information about the [D]epartment expenditures within Chapter 70 funding in which [the School] received over 90% from state aid, not local aid.” In addition, Mr. Guzman asserts, “I request that…all financial statement audits for the [School] from 2011 to 2022 be provided to me.” Subsequent to the opening of this appeal, on March 13, 2023, Mr. Hernandez provided a response to Mr. Guzman and this Office. In his March 13th response, “Mr. Hernandez states, “[w]e are working on getting the information that was requested. Based on your appeal, we will forward copies of our FY11 to FY21 End of Year Financial Report. Our FY22 EOY Report has not been completed by our auditor. Once it has been completed, you will receive a copy…” Conclusion Accordingly, in light of the above, the School is ordered to provide Mr. Guzman with said response, in a manner consistent with 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. Mr. Guzman may appeal the substantive nature of the School’s response within ninety days. See 950 C.M.R. 32.08(1).

Odanis M. Hernandez SPR23/0457 Page 3 March 17, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Jonathan Guzman