Paula Sterite v. Everett Public Schools (SPR 20240880)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 4, 2024 SPR24/0880 David O’Connor Records Access Officer Everett Public Schools 121 Vine Street Everett, MA 02149 Dear Mr. O’Connor: I have received the petition of Paula Sterite appealing the response of the Everett 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 5, 2024, Ms. Sterite stated in her request, “I am still looking to find out when the permanent superintendent contract was signed using DocuSign. From looking online - The Envelope ID in DocuSign grants users access to a wealth of information, including sender and recipient details, envelope status, history, attached documents, and signatures.” The School provided a response on March 18, 2024. Unsatisfied with the School’s response, Ms. Sterite petitioned this office and this appeal, SPR24/0880, 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 order to withhold a requested record. G. L. c. 66, § 10(d)(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

David O’Connor SPR24/0880 Page 2 April 4, 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. The School’s March 18th Response In its March 18, 2024 response, the School provided records and stated, “[t]he [School] has previously provided all of the relevant documents it has in its possession.” Current appeal In her appeal, Ms. Sterite stated, “I am appealing the response… requesting Docusign Envelopment regarding the permanent superintendent contract. As the contract has signatures but has no dates of when it was actually signed… DocuSign keeps detailed logs of the document including the date and time when the contract was signed.” Additionally, in an email sent to the School on March 18, 2024, Ms. Sterite stated, “[c]an [the School] double check that [it does not] have this information? From the research I have done, docusign tracks and keeps a digital record of the life of the document and signatures.” In light of Ms. Sterite’s appeal and March 18th email, it is unclear if the School possesses additional records that may be responsive to the request. Particularly, it is uncertain if the School possesses “a digital record of the life of the document and signatures.” 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). To the extent that the responsive record exist, I find the School must provide it in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the record from disclosure. G. L. c. 66, § 10(b). The School must clarify this matter. Conclusion Accordingly, the School is ordered to provide Ms. Sterite 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. Sincerely, Manza Arthur Supervisor of Records cc: Paula Sterite