Nadia R. Jones v. Medford, City of - Public Schools (SPR 20241828)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 2, 2024 SPR24/1828 Thomas Dalton Records Access Officer Medford Public Schools 489 Winthrop Street Medford, MA 02155 Dear Mr. Dalton: I have received the petition of Nadia Jones, of Spencer Brook Strings, appealing the response of the Medford 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 May 25, 2024, Ms. Jones requested: [1.] [A]ny records in which the Medford Schools fine arts or music department personnel advise parents in any way about obtaining an instrument for students in the instrumental music program[;] [2.] … [I]nformation distributed to parents explaining how to enroll and the equipment required for students who participate in the instrumental music classes[;] [3.] … [A]ny records of communication or coordination between Medford Schools personnel of communication or coordination with any company which rents musical instruments. On May 28, 2024, the School responded. Unsatisfied with the School’s response, Ms. Jones petitioned this office and this appeal, SPR24/1828, 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). 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

Thomas Dalton SPR24/1828 Page 2 July 2, 2024 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. The School’s May 28th Response In its May 28, 2024 response, a representative from the School stated: Please consider this message the formal acknowledgement that we have received your emailed records request and our staff will begin to assess the scope and scale of responsive records. We will return a full response, cost estimate or detailed update within 10 business days or sooner; in this case, the 10-day date is Tuesday, June 11. Current appeal In her appeal petition, Ms. Jones indicates that in response to her request, “the public records officer, Mr. Dalton, acknowledged the receipt of my request, and noted that the due date for response was June 11th. We have not received anything.” Timeline for Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Ms. Jones’s request was originally submitted on May 25, 2024, and the School has not provided responsive records, I find the School has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the School must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent

Thomas Dalton SPR24/1828 Page 3 July 2, 2024 possible, the School must provide responsive records on a rolling basis. Conclusion Accordingly, the School is ordered to provide Ms. Jones with a response to her 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. Ms. Jones may appeal the substantive nature of the School’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Nadia Jones