Daralyn Heywood v. Mashpee, Town of - Public Schools (SPR 20232828)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 6, 2023 SPR23/2828 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. Previous Appeals This request was the subject of previous appeals. See SPR23/1931 Determination of the Supervisor of Records (August 31, 2023) and SPR23/2509 Determination of the Supervisor of Records (November 6, 2023). In my November 6th determination, I ordered the School to clarify whether it had deleted video footage responsive to Part 1 of Ms. Heywood’s request. Subsequently, the School responded on November 21, 2023. Unsatisfied with the School’s response, Ms. Heywood further 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). 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 SPR23/2828 Page 2 December 6, 2023 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 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Current Appeal In her appeal petition, Ms. Heywood contends that her “request was clear, to provide exterior footage. Because [the School] doesn’t wish to release the information doesn’t mean it is not there.” Further, she “believe[s] there is footage and it is a public record.” The School’s November 21st Response In its previous September 8, 2023 response, the School provided a flash drive containing video footage. In its November 21, 2023 response, the School explains that “no additional video footage ever existed.” Please be advised that 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). However, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Conclusion Where the School confirmed that it does not possess additional records responsive to Ms. Heywood’s request, I will now consider this administrative appeal closed. If Ms. Heywood is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Daralyn Heywood