Cody Shepard v. Brockton, City of - Public Schools (SPR 20240519)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 1, 2024 SPR24/0519 Dr. James Cobbs Acting Superintendent Brockton Public Schools 43 Crescent Street Brockton, MA 02301 Dear Dr. Cobbs: I have received the petition of Cody Shepard, of The Enterprise, appealing the response of the Brockton 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 25, 2024, Cody Shepard requested the following records: [1.] ... status of [identified employees’] [employment][.] Last we knew, all three were ... on medical leave and the other two on administrative leave. Has the status of any of the three employees changed, or are they all still on the same leave? [2.] In terms of the leaves, are they still paid and, if so, who is paying for the leave? Is there any anticipated end date for these leaves of absence? Who, or what body, placed them on leave? [3.] ... copies of each of the three employees’ contracts? The School responded on February 9, 2024. Unsatisfied with the response, Cody Shepard petitioned this office and this appeal, SPR24/0519, 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 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

Dr. James Cobbs SPR24/0519 Page 2 March 1, 2024 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 The School’s February 9th Response In its February 9, 2024 response, the School stated, “[w]e cannot disclose employee personnel records information, they are not public information. The rest can be discerned from school committee meetings public information.” The School’s February 9th response did not contain the specificity required in a denial of access to public records. The School must identify what records it has in its possession, custody or control that are responsive to Cody Shepard’s request. As a result, I find that the School did not satisfy its burden in responding to this records request. Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). To the extent that the requested records exist, I find the School must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the School is ordered to provide Cody Shepard with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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. Cody Shepard may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Cody Shepard