Gerry Mroz v. Department of Elementary and Secondary Education (SPR 20241794)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 27, 2024 SPR24/1794 Helene Bettencourt Records Access Officer Department of Elementary and Secondary Education 135 Santilli Highway Everett, MA 02149 Dear Ms. Bettencourt: I have received the petition of Gerry Mroz appealing the response of the Department of Elementary and Secondary Education (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 30, 2024, Mr. Mroz made the following request: For each of the State’s Approved Education Preparation Program Provider, I request the information listed below. I request that it be provided in the form of an Excel spreadsheet, with one row per Ed Prep Provider, each containing the following columns: Org Name Org Type Primary Ed Prep Contact Name Primary Ed Prep Contact Address 1 Primary Ed Prep Contact Address 2 Primary Ed Prep Contact Town Primary Ed Prep Contact State Primary Ed Prep Contact Zip Primary Ed Prep Contact Phone Primary Ed Prep Contact Email Ed Prep Decision Maker Name Ed Prep Decision Maker Phone Ed Prep Decision Maker Email Sponsoring Organization Leader Name Sponsoring Organization Leader Phone Sponsoring Organization Leader Email[.] The Department provided a response on May 30 and June 10, 2024. Unsatisfied with the Department’s responses, Mr. Mroz petitioned this office and this appeal, SPR24/1794, 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

Helene Bettencourt SPR24/1794 Page 2 June 27, 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. G. L. c. 66, § 10(b)(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 Department’s Responses In its May 30, 2024 response, the Department confirms receipt of Mr. Mroz’s request and provides a reference number for tracking purposes. The Department provided a further response on June 10, 2024, in which it states that “the Department does not possess the spreadsheet you describe in your request; however, the information you seek can be found on the Department’s website[.]” As part of its June 10th response, the Department provides two website links. Current Appeal In his appeal, Mr. Mroz asserts the following: The Request was for segregated data from an electronic database containing the contact information for each of the state’s Education Preparation Program providers. The RAO responded and provided two separate links to the DESE website, where some, but not all of the requested information is posted. ... Although the provided links each contain limited portions of the requested information, they don’t contain all the information requested. … I expect that the information requested is contained within an electronic database maintained by the Department. In light of the above, it is unclear whether the Department possesses additional records responsive to the 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). 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). The Department must clarify this matter.

Helene Bettencourt SPR24/1794 Page 3 June 27, 2024 Conclusion Accordingly, the Department is ordered to provide Mr. Mroz with a response to his request 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. Sincerely, Manza Arthur Supervisor of Records cc: Gerry Mroz