Megan Hamilton-McKeon v. Falmouth, Town of - Public Schools (SPR 20240719)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 21, 2024 SPR24/0719 Sharon Reid Executive Assistant Falmouth Public Schools 340 Teaticket Highway Falmouth, MA 02536 Dear Ms. Reid: I have received the petition of Megan Hamilton-McKeon appealing the response of the Falmouth 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 March 7, 2024, Ms. Hamilton-McKeon requested “all records regarding annual contracts for school years worked at Falmouth Public Schools and summers worked at Falmouth High School between January 1, 2019 and January 1, 2024 including and not limited to salary and/or payments planned.” The School provided a response on March 7, 2024. Unsatisfied with the School’s response, Ms. Hamilton-McKeon petitioned this office and this appeal, SPR24/0719, 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. 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

Sharon Reid SPR24/0719 Page 2 March 21, 2024 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. Current appeal In her appeal, Ms. Hamilton-McKeon states, “Falmouth Public Schools did not share what they hired me for most years that I worked there and therefore it is difficult to answer unemployment questions about pay rates.” The School’s March 7th Response In its March 7, 2024 response, the School stated, “[the School] provided [Ms. Hamilton- McKeon] with a hard copy of [her] complete personnel file on January 17, 2024. There are no other documents responsive to [her] request.” Subsequent to the opening of this appeal, in an email sent on March 11, 2024, the School stated, “the Falmouth Public Schools has given Ms. Hamilton-McKeon a complete copy of her entire personnel file as well as all of her payroll records which she has full access to via the Falmouth Public Schools online employment/payroll portal. The personnel file and online portal contain all of the responsive records that are in the possession, custody, and control of the Falmouth Public Schools. The Falmouth Public Schools has no other records responsive to her request.” 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. Atty Gen. 157, 165 (May 18, 1977). Conclusion Where the School does not possess any additional records responsive to the March 7th 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).

Sharon Reid SPR24/0719 Page 3 March 21, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Megan Hamilton-McKeon