Desiree Jackson v. Weston, Town of - Public Schools (SPR 20230865)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 15, 2023 SPR23/0865 Sheri L. Matthews Assistant Superintendent for Finance and Operations Weston Public Schools 89 Wellesley Street Weston, MA 02493 Dear Ms. Matthews: I have received the petition of Desiree Jackson appealing the response of the Weston 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 April 10, 2023, Ms. Jackson requested from the School the following records: [a]ll [t]ext message[s] (i.e.., SMS messages) and other [m]obil phone-based text communications (e.g., Signal Messenger, Whats App, Wire, Wikr, Telegram, iMessage, Facebook and Twitter Direct Messages addressed to Attia Linnard or any alias of her, sent by Attia Linnard or sent on behalf of Attia Linnard on 4/4/2023-4/10/2023 on all personal or work-specific devices operated by or otherwise during open school committee meeting of Weston School Committee Members. This should also include ALL emails on her work-based email for the dates 4/4/2023-4/10/2023. Ms. Jackson indicates in her April 10th request that she prefers that the request be filled electronically, by email attachment if available or by CD-ROM if not. Also in Ms. Jackson’s April 10th request, she asserts, “[i]n the event that search for the responsive records involves a public employee good-faith search of his or her personal device, please provide a reasonable detailed nonconclusory affidavit attesting to the nature and extent of that search.” Ms. Jackson is advised that there is no provision in the Public Records Law that requires that a records custodian provided an affidavit attesting to the nature and extent of a search for public records. 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

Sheri Marthews SPR23/0865 Page 2 May 15, 2023 On April 24th, the School emailed Ms. Jackson, stating, “…[a]s tomorrow is day 10 of your request, we will have the paperwork available for you to pick up by 3 [PM]. It will be ready for you at the Case House, 89 Wellesley St., Weston, MA.” After receipt of the records, Ms. Jackson petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In her petition, Ms. Jackson asserts the School “failed to release all public records as requested, has failed to cite reasons for redacted names/email addresses of email documents forwarded and has not provided all responsive records as requested.” Further, Ms. Jackson asserts: [the School] states there were 1000 pages of emails identified and only 167 pages were released – [the School] refused to release 833 pages of emails that were identified. [The School failed] to cite the law that states that personal cell phone devices while being used during an open public meeting do not apply to public records requests. School Committee member Attia Linnard was recorded text messaging during an open to the public School Committee meeting on April 3, 2023 as observed on Weston media video… I was in the meeting and witnessed Attia Linnard sending and receiving text messages on her phone, typing on her computer, and speaking with another School Committee member. All of this can be clearly seen in the video… 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) (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.

Sheri Marthews SPR23/0865 Page 3 May 15, 2023 Based on issues raised in Ms. Jackson’s appeal, it is unclear whether the School has additional records responsive to her request, and whether the requested records were sent or received in furtherance of the School’s business. The School must clarify this matter. Burden of specificity in withholding/redacting information from records Further, regarding the redaction of names and email addresses in two emails dated, Wednesday, April 5, 2023 at 9:17:08 am and Wednesday, April 5, 2023 at 9:17:27 am which were provided to Ms. Jackson, it is unclear what exemption(s) in the Public Records Law, the School is claiming to redact that information. Under the Public Records Law, the burden shall be upon the records custodian to establish the applicability of an exemption. 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 . . .”); see also Globe Newspaper ----------------- Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. See also Reinstein ------------ v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). I find that the School did not meet its burden of specificity in redacting the names and email addresses from two April 5, 2023 emails provided to Ms. Jackson. The School must clarify these redactions. Conclusion Accordingly, the School is ordered to provide Ms. Jackson with a response to her request in a manner consistent with 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Desiree Jackson