Paula Sterite v. Everett, City of - Public Schools (SPR 20241392)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 22, 2024 SPR24/1392 David O’Connor Records Access Officer Everett Public Schools 121 Vine Street Everett, MA 02149 Dear Mr. O’Connor: I have received the petition of Paula Sterite appealing the response of the Everett 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 March 5, 2024, Ms. Sterite stated in her request, “I am still looking to find out when the permanent superintendent contract was signed using DocuSign. From looking online - The Envelope ID in DocuSign grants users access to a wealth of information, including sender and recipient details, envelope status, history, attached documents, and signatures.” Prior Appeal This request was the subject of a prior appeal. See SPR24/0880 Determination of the Supervisor of Records (April 4, 2024) and SPR24/1095 Determination of the Supervisor of Records (April 25, 2024). In my April 4th determination, I found that it was unclear if the School possessed additional records that may be responsive to the request. The School provided a response on April 10, 2024. Unsatisfied with the School’s response, Ms. Sterite petitioned this office and this appeal, SPR24/1392, 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 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

David O’Connor SPR24/1392 Page 2 May 22, 2024 order to withhold a requested record. G. L. c. 66, § 10(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). 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 10th Response In its April 10, 2024 response, the School stated, “[n]o additional information or responsive documents are in the district's possession, custody, or control. Any additional reports would have to be generated by outside counsel.” Current appeal In her appeal, Ms. Sterite stated, “I still have not been provided the audit details (found in the Document Envelope) for the Superintendent Contract.” No Duty to Create Records Please be advised, under the Public Records Law the School is not required to create a record in response to the request. See G. L. c. 66, § 6A(d). 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). Additionally, please note that under the Public Records Law, a public employee is not required to answer questions, 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). Based upon a conversation between a Public Records Division staff member and a School representative, the School confirmed that it has no additional records responsive to the request. Conclusion Where the School does not possess any additional records responsive to the March 5th request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Sterite 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).

David O’Connor SPR24/1392 Page 3 May 22, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Paula Sterite