Harold Rhodes v. Milford, Town of - Public Schools (SPR 20240776)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 26, 2024 SPR24/0776 Kevin McIntyre, Ed.D. Superintendent Milford Public Schools 31 W. Fountain Street Milford, MA 01757 Dear Superintendent McIntyre: I have received the petition of Harold Rhodes appealing the response of the Milford 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 February 18, 2024, Mr. Rhodes requested: [1.] Copies of all active new employment contracts since December 28, 2022, with persons who are either employees or special municipal employees who work within the Milford School Department. [2.] Copies of all active new personal services contracts since December 28, 2022, with persons who are providing services on behalf of the Milford School Department. [3.] Draft or final audit reports under current development of the Milford School District of any department or departments; and [4.] All responses from the Milford School District to the draft or final audit reports. The School responded on February 26, 2024 and March 4, 2024. Unsatisfied with the responses, Mr. Rhodes petitioned this office and this appeal, SPR24/0776, 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 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

Kevin McIntyre, Ed.D. SPR24/0776 Page 2 March 26, 2024 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. See 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 26th and March 4th Responses In its February 26, 2024 response, the School stated, “I have received your email information request and will have counsel review it.” In its March 4, 2024 response, the School stated: In response to your records request dated February 18, 2024, enclosed please find the following: [1.] Copies of all active new employment contracts since December 28, 2022, with persons who are either employees or special municipal employees who work within the Milford School Department. [2.] Copies of all active new personal services contracts since December 28, 2022 with persons who are providing services on behalf of the Milford School Department. Current appeal In his appeal, Mr. Rhodes asserts, “[w]hile Mr. McIntyre did comply with a portion of the request [see attached] Mr. McIntyre has failed to comply with one specific request: [1.] Draft or final audit reports under current development of the Milford School District of any department or departments; and, [2.] All responses from the Milford School District to the draft or final audit reports.” Based on Mr. Rhodes’s claims, in conjunction with the School’s response, it is unclear if the School possesses any additional records responsive to his request. The duty to comply with

Kevin McIntyre, Ed.D. SPR24/0776 Page 3 March 26, 2024 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, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the School must clarify whether any additional records exist. Conclusion Accordingly, the School is ordered to provide Mr. Rhodes with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Mr. Rhodes 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: Harold Rhodes