Megan Hamilton-McKeon v. Hanover, Town of - Public Schools (SPR 20240298)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 9, 2024 SPR24/0298 Tahnee Warner Executive Assistant to the Superintendent Hanover Public Schools 188 Broadway Hanover, MA 02339 Dear Ms. Warner: I have received the petition of Megan Hamilton-McKeon appealing the response of the Hanover 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 January 9, 2024, Ms. Hamilton-McKeon requested “a copy of [her] Personnel File(s).” The School provided a further response on January 23, 2024. Unsatisfied with the School’s response, Ms. Hamilton-McKeon petitioned this office and this appeal, SPR24/0298, 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, § l0A(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. 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. 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

Tahnee Warner SPR24/0298 Page 2 February 9, 2024 The School’s January 23rd Response In its January 23, 2024 response, the School provided records and stated, “[w]e redacted student and family names as required.” Subsequent to the opening of this appeal, in an email sent on February 1, 2024, the School stated, “[the School] confirm[s] that all records in Ms. Megan Hamilton-McKeon's personnel file were sent to her.” Current appeal In her appeal, Ms. Hamilton-McKeon states, “[t]he basis as to what is at issue regarding the request sent is that a full account of personnel records are necessary and it is commonplace to request such things upon conclusion of employment.” No Duty to Create Records Please be advised, under the Public Records Law the School is not required to create a record in response to the request. See G. L. c. 66, § 6A(d). 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, please note that under the Public Records Law, a public employee is not required to answer questions, 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 has confirmed that it does not possess any additional records responsive to the January 9th request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Hamilton-McKeon 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). Sincerely, Manza Arthur Supervisor of Records cc: Megan Hamilton-McKeon