Matthew Simms v. Lawrence, City of - Public Schools (SPR 20233098)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 8, 2024 SPR23/3098; SPR23/3099 Odanis M. Hernandez Chief Operating Officer Lawrence Public Schools 237 Essex Street Lawrence, MA 01840 Dear Mr. Hernandez: I have received the petitions of Matthew Simms appealing the responses 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 December 22, 2023, Mr. Simms requested “the metadata for all emails sent and received” for two specific email addresses “between October 15, 2023 and 8:00am on December 22nd, 2023.” The School provided responses on December 22, 2023. Unsatisfied with the responses, Mr. Simms petitioned this office and these appeals, SPR23/3098 and SPR23/3099, were 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) (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). 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 SPR23/3098; SPR23/3099 Page 2 January 8, 2024 Current appeal In his appeal, Mr. Simms states that “[t]he RAO responded back that ‘given its magnitude’ that it would be at a minimum 20 days” until the School would be able to provide a response to this request. Mr. Simms argues that “[t]his seems very extreme considering the simple nature of extracting email metadata from the Outlook database.” The School’s December 22nd responses In its December 22, 2023 responses, the School states that it “requires additional time to complete this request given its magnitude.” The School states that it “currently estimate[s] an additional twenty (20) business days to be the minimum reasonable timeframe” to produce the requested records. Timeframe for responding to a request G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that ... for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where the School is permitted up to 25 additional business days to provide a response to the request and has asked for 20 additional business days, it is unclear the basis of Mr. Simms’ appeal. See G. L. c. 66, § 10(b)(vi). Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A (a). Given that no violation of G. L. c. 66, § 10 has been asserted by Mr. Simms in his appeal petition, I am unable to issue a determination at this time. If Mr. Simms 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, § l0A(c).

Odanis M. Hernandez SPR23/3098; SPR23/3099 Page 3 January 8, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Matthew Simms