Commonwealth Transparency v. Georgetown, Town of - Public Schools (SPR 20241336)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 16, 2024 SPR24/1336 Tracy Parker Executive Assistant to the Superintendent and School Committee Georgetown Public Schools 51 North Street Georgetown, MA 01833 Dear Ms. Parker: I have received the petition of Commonwealth Transparency (“requestor”) appealing the response of Georgetown 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 the following: … 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: [identified individuals and addresses;] [2] Any and all payments made to: [identified individuals and addresses; and] [3] Any and all conflict of interest documents for: [identified individuals and addresses.] This request includes but is not limited to email, email-attachments, text messages, calendar entries, voice mail messages and/or physical documents…. In an April 11, 2024 email to the requestor, the School asserted: [Regarding Item 1 the School] does not have any contracts or documents pertaining to this request. The [School] does have email chains that contain [an identified individual] in the contacts, however was not part of [the School] during January 1, 2018 and April 5, 2024. [Regarding Item 2 the School] does not show any payments pertaining to this request during January 1, 2018 and April 5, 2024. No records exist. [Regarding Item 3 the School] does not show any conflict of interest documents pertaining to this request during January 1, 2018 and April 5, 2024. No records exist. 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

Tracy Parker SPR24/1336 Page 2 May 16, 2024 On April 11, 2024, the requestor modified the parameters of the request, seeking, “…document/records in the possession or under the control of your school… for the time period between January 1, 2016 through April 5, 2024.” The School responded on May 1, 2024. Unsatisfied with the School’s response, the requestor petitioned this office and this appeal, SPR24/1336, 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(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y 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 May 1st response In its May 1, 2024 response, the School provided responsive email records for Item 1 of the request and asserted, “[a]s stated in previous communication, the only records we have are in email chains from a listserv. Records were found showing “[identified individual]”, however [this individual] was not employed by the [School.]” Current Appeal The requestor indicated in the appeal that the School did not provide all responsive records to the modified request, stating “[requestor] is in possession of other public documents which indicate [the School] is in possession of responsive records.” Based on the requestor’s claim, in conjunction with the School’s response, it is unclear if the School possesses any additional records responsive to the modified 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

Tracy Parker SPR24/1336 Page 3 May 16, 2024 their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the School must clarify if additional records exist. Conclusion Accordingly, the School is ordered to provide the requestor 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. The requestor may appeal the School’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Commonwealth Transparency