Laura H. Ortiz v. Lynn, City of - Public Schools (SPR 20240974)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 16, 2024 SPR24/0974 Charles Gallo, J.D. Compliance Officer/Records Access Officer Lynn Public Schools 100 Bennett Street Lynn, MA 01905 Dear Mr. Gallo: I have received the petition of Laura Ortiz appealing the response of the Lynn 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 December 4, 2023, Ms. Ortiz specified three emails that she herself sent to the School on October 26, October 16, and September 22, 2023, and for each email requested the following: Lynn Public Schools forwarded this email to countless persons, please provide a copy of all of these forwardings including any attachments Previous Appeal This request was the subject of a previous appeal. See SPR24/3006 Determination of the Supervisor of Records (December 28, 2024). In my December 28th determination, I found that it was unclear whether the School was able to provide the responsive records in their native form. Subsequently, the School responded on January 2, 2024, providing records. Unsatisfied with the School’s response, and claiming the School possesses additional records, Ms. Ortiz appealed, and this case was opened as a result. Subsequent to the opening of this appeal, the School provided a supplemental response on April 2, 2024. 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 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

Charles Gallo, J.D. SPR24/0974 Page 2 April 16, 2024 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. The School’s January 2nd and April 2nd Responses In its January 2, 2024 response, the School provides numerous responsive records. Current Appeal In her appeal petition, Ms. Ortiz contends the following: The RAO’s substantive response failed to mention or identify the (approximately 34 ea) additional responsive records forwarded, nor did it’s clarifying statements, these withheld responsive records are being unreasonably delayed, as well as they failed to state any exemptions applications (or how they applied to each withheld individual record as a whole or in part), nor did it provide any exemption log or other, for the additional responsive records. [sic] Records in Existence; Possession, Custody, or Control Please note that 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). Further, under the Public Records Law, a public employee is not required to answer questions, or 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). However, in accordance with the Public Records Law, 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). In its April 2nd response, the School states that “there are no further responsive records, nor any other format to provide records that have already been provided twice in two different formats (copies and native format).” Additionally, in a phone conversation with this office on April 11, 2024, the School further confirmed that it does not possess additional records responsive to the request.

Charles Gallo, J.D. SPR24/0974 Page 3 April 16, 2024 Conclusion Where the School confirmed that it does not possess additional records responsive to Ms. Ortiz’s request, I will now consider this administrative appeal closed. If Ms. Ortiz 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)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Laura Ortiz