Giovanni La Terra Bellina v. Wakefield, Town of - Public Schools (SPR 20241259)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 9, 2024 SPR24/1259 Karen Fitzpatrick Records Access Officer Wakefield Public Schools 60 Farm Street Wakefield, MA 01880 Dear Ms. Fitzpatrick: I have received the petition of Giovanni La Terra Bellina, Esq., of Orson and Bursini, Ltd., appealing the response of the Wakefield 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 4, 2024, Attorney La Terra Bellina requested, “all public documents including but not limited to communications, including emails, between Wakefield Public School Employees and/or between Wakefield Public School Employees and the Massachusetts Interscholastic Athletic League (‘MIAA’) related in any way to any parent/district member complaints or alleged MIAA violations during the 2023-2024 school year.” The School responded on April 24, 2024. Unsatisfied with the response, Attorney La Terra Bellina petitioned this office and this appeal, SPR24/1259, 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. 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 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

Karen Fitzpatrick SPR24/1259 Page 2 May 9, 2024 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 April 24th Response In its April 24th response, the School provided a series of records and stated, “…attached are all the documents we have relating to 2023-2024 MIAA violations.” Current appeal In his appeal, Attorney La Terra Bellina stated: This response is deficient for two reasons: [1.] The document attachment titled “MIAA Email #1 Trachtenberg.pdf” has an icon at the very end of the document for another document entitled “Letter to Counsel GLTB 2.12.24.pdf.” This attachment was not provided in the response… [2.] The communications that were produced suggest there may be other documents that we have not been provided… Based on Attorney La Terra Bellina’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 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. To the extent that the requested records exist, I find the School must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the School is ordered to provide Attorney La Terra Bellina 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. Attorney La Terra Bellina may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Karen Fitzpatrick SPR24/1259 Page 3 May 9, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Giovanni La Terra Bellina, Esq.