Naomi Martin v. Everett, City of - Public Schools (SPR 20231322)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 29, 2023 SPR23/1322 Superintendent Priya Tahiliani City of Everett 121 Vine Street Everett, MA 02149 Dear Superintendent Tahiliani: I have received the petition of Emma Diamond Hall, Esq., of Morgan Lewis, on behalf of Naomi Martin, of the Boston Globe, appealing the response of the City of Everett (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 7, 2023, Ms. Martin requested “[i]ndependent investigation reports by [named person] into Everett Public Schools’ handling of sexual misconduct allegations[.]” The City responded on April 4, 2023. Unsatisfied with the response, Attorney Hall petitioned this office and this appeal, SPR23/1322, 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. 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. 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

Superintendent Priya Tahiliani SPR23/1322 Page 2 June 29, 2023 The City’s April 4th Response In its April 4, 2023 response, the City stated, “[t]he report you requested is the subject of an impoundment order which is still in effect as a result of the appeal by Mr. Foresteire. The order issued when the Globe filed a motion seeking to access this report in the case of Comm. v. F[r]ederick Foresteire.” Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In a conversation between a City representative and an attorney of the Public Records Division, the City confirmed that the matter is currently pending before the Malden District Court. See Commonwealth v. Foresteire. Docket No. 1950CR402 and that the requested records are related to the requested. It is also noted that the Defendant has filed a Notice of Appeal. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Emma Diamond Hall, Esq. Naomi Martin