Commonwealth Transparency v. Lenox, Town of - Public Schools (SPR 20241222)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 7, 2024 SPR24/1222 Melissa Falkowski Assistant Superintendent of Business & Operations Lenox Public Schools 6 Walker Street Lenox, MA 01240 Dear Ms. Falkowski: I have received the petition of Commonwealth Transparency (“requestor”) appealing the response of the Lenox 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 April 6, 2024, the requestor sought: [1.] Any and all contracts, communications, or documents of any kind with the following: Accountedge LLC – 3 Meadowlark Farm Lane, Middleton, MA 01949 USA [two identified individuals] at [two identified addresses;] [2.] Any and all payments made to: Accountedge LLC – 3 Meadowlark Farm Lane, Middleton, MA 01949 USA [two identified individuals] at [two identified addresses;] [3.] Any and all conflict of interest documents for: Accountedge LLC – 3 Meadowlark Farm Lane, Middleton, MA 01949 USA [two identified individuals] at [two identified addresses;] The School responded on April 23, 2024. Unsatisfied with the School’s response, the requestor petitioned this office and this appeal, SPR24/1222, 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 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

Melissa Falkowski SPR24/1222 Page 2 May 7, 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. 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. Current Appeal In the appeal, the requestor stated: OpenCommonwealth appeals this response as non-responsive as: The records custodian who receives this request is required to use his or her “superior knowledge” to determine the exact records that are responsive to this request. A government entity may have multiple RAOs that are assigned to a specific division or department within that entity. A request to one RAO may include records of another division or department within the RAOs’ agency or municipality…an RAO is expected to forward such requests to the appropriate parties within its municipality or agency. The School’s April 23rd response In its April 23, 2024 response, the School stated, “[p]lease be advised the District does not have any records pertaining to the request below.” The School further stated in regards to the Town, “[t]he Town would need to receive a request for this. The Public Records person can be found here: [link omitted].” In a telephone call between the School and a Public Records Division staff attorney on May 1st, the School confirmed they do not have any responsive records in their custody. The School further advised that the Town of Lenox is not a division or department within the School and they have no custody over records held by the Town of Lenox. Records in Existence 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). The requestor may make a request for records to alternative entities or

Melissa Falkowski SPR24/1222 Page 3 May 7, 2024 agencies. If the requestor is dissatisfied with the response to said request, they may file an appeal within 90 days. See 950 C.M.R. 32.08(1). Conclusion Accordingly, the requestor may wish to submit a new request to the Town of Lenox for the records they are seeking. Where the School confirmed they do not possess responsive records, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Commonwealth Transparency