Daralyn Heywood v. Mashpee, Town of (SPR 20231931)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 31, 2023 SPR23/1931 Patricia M. DeBoer Superintendent Mashpee Public Schools 150A Old Barnstable Road Mashpee, MA 02649 Dear Superintendent DeBoer: I have received the petition of Daralyn Heywood appealing the response of the Mashpee 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 June 12, 2023, Ms. Heywood requested the following records: 1) Exterior Surveillance video from the Mashpee High School May 23, 2023, from 0700 to 1500. 2) Mashpee High School Sign-in Sheet for the Building for May 23, 2023. The School responded on June 23, 2023, providing records responsive to Part 2 of the request, and on June 27, 2023, the School provided a link to a video responsive to Part 1 of the request. Following further correspondence with the School, and unsatisfied with the School’s response, Ms. Heywood appealed, and this case 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. Att’y 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 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 Patricia M. DeBoer SPR23/1931 Page 2 August 31, 2023 must not only cite an exemption, but must also state why the exemption applies to the withheld 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 School’s Responses On June 23, 2023, the School provided records responsive to Part 1 of Ms. Heywood’s request. Following multiple attempts to provide an accessible link, on June 27, 2023, the School provided Ms. Heywood with a link to a video responsive to Part 2 of the request. In correspondence included with her appeal petition, Ms. Heywood contends that the video link she was provided “does not satisfy [her] request.” She also argues that the School “placed some footage on the internet” and that “security footage has time, date and identifies the camera, this YouTube video does neither.” She further contends that “the right to view the security footage neither violates any privacy issue as the cameras are visible and known to record any who enter the facility.” Please be advised 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). Additionally, in accordance with the Public Records Law, 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). Based on the School’s responses, and the information provided in Ms. Heywood’s appeal petition, it is unclear whether the School possesses additional video footage responsive to Ms. Heywood’s request. If the School does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a 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”). The School must clarify these matters. Conclusion Accordingly, the School is ordered to provide Ms. Heywood with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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.

Superintendent Patricia M. DeBoer SPR23/1931 Page 3 August 31, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Daralyn Heywood