Commonwealth Transparency v. Danvers, Town of - Public Schools (SPR 20241310)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 14, 2024 SPR24/1310 James Sullivan Records Access Officer Danvers Public Schools 64 Cabot Road Danvers, MA 01923 Dear Mr. Sullivan: I have received the petition of Commonwealth Transparency (“requestor”) appealing the response of the Danvers Public Schools (School/District) 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 the following: [T]he following documents/records in the possession or under the control of [the] school/district or town/city for the time period January 1, 2018 through April 5, 2024: [1.] Any and all contracts, communications, or documents of any kind with the following [specified LLC and two named individuals]... [2.] Any and all payments made to [specified LLC and two named individuals]... [3.] Any and all conflict of interest documents for [specified LLC and two named individuals]... These requests includes but is not limited to email, email-attachments, text messages, calendar entries, voice mail messages and/or physical documents. On April 12, 2024, the requestor modified the request “to include any and all records regarding [a named individual], including any activity in the system for her and the vendor #256053.” The School responded on April 12, 2024 and May 2, 2024, providing responsive records. Unsatisfied with the School’s responses, and claiming the School possesses additional records, the requestor appealed and this case was opened as a result. 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

James Sullivan SPR24/1310 Page 2 May 14, 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 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 April 12th and May 2nd Responses In its April 12, 2024 and May 2, 2024 responses, the School provides numerous records responsive to the request, and also explains the following: After a good faith and thorough search of our records, we found [a named individual] listed as a vendor registered in our system. We found no transactions between Danvers Public Schools and the vendor; they were only registered in the system. The included record shows them on the list of “Vendors with no activity.” Possession, Custody, or Control 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). Subsequent to the opening of this appeal, in an email to this office on May 3, 2024, the School states the following:

James Sullivan SPR24/1310 Page 3 May 14, 2024 As stated herein, and as evidenced by the District’s April 12, 2024 and May 2, 2024 responses to the requestor, copies of which are attached hereto for ... reference, the District has produced all responsive District records to the requestor at this time, thereby meeting its obligations under public records law and regulations. Conclusion Where the School confirmed that it does not possess additional records responsive to the request, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Commonwealth Transparency Leslie C. Carey, Esq.