Jeanna Tinney v. Pittsfield, City of - Public Schools (SPR 20241995)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 25, 2024 SPR24/1995 Ann Marie Carpenter Director of Human Resources, Diversity, and Inclusion Pittsfield Public Schools 269 First Street Pittsfield, MA 01201 Dear Ms. Carpenter: I have received the petition of Jeanna Tinney appealing the response of the Pittsfield 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 October 20, 2023, Ms. Tinney requested: [1.] Emails, letters, reports, and memos between [two identified individuals] and anybody serving in the district coordinator position within the last year in regard to the 21st Century grant and the status of the budget, within the last year[;] [2.] Emails, letters, reports, and memos between [an identified individual] and any member of the School Committee in regard to the 21st Century grant, within the last year[;] [3.] Emails, letters, reports, and memos between [a second identified individual] and any member of the School Committee in regard to the 21st Century grant, within the last year[;] [4.] Emails, letters, reports, and memos between anybody serving in the district coordinator position and their direct supervisor within the last year in regard to procuring the 21st Century grant. Previous Appeal This request was the subject of a previous appeal. See SPR24/1081 Determination of the Supervisor of Records (April 24, 2024). In my April 24th Determination, I ordered the School to provide Ms. Tinney with a response to her request. The School responded on July 5, 2024, stating they have no further records responsive to the request. Unsatisfied with the School’s 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

Ann Marie Carpenter SPR24/1995 Page 2 July 25, 2024 response, Ms. Tinney appealed, and this case, SPR24/1995, 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 July 5th Response In its July 5, 2024 response, the School states, “[w]e have no further requested records to provide to Ms. Tinney as the records request response provided was complete. … I note that Ms. Tinney expressed concern that she wasn’t given all the attachments. The best we can understand is that there are links in the documents that would go to a GoogleDoc. We would not provide access to a live PPS document in a records request, but I am assured that all attachments and/or links were downloaded into a pdf file and included in the original records request response. Ms. Tinney indicated that she thought a document may be missing, but it is not clear to us which document(s) she believes is missing.” Current Appeal In her appeal, Ms. Tinney states, “I gave the list of what was missing in pages in my initial request. There is no way to tell what is part of an attachment.” Records in Existence 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, 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). Further, in accordance with the

Ann Marie Carpenter SPR24/1995 Page 3 July 25, 2024 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). In an email to this office on July 15, 2024, the School confirmed that it has delivered all records responsive to the request. Conclusion Where the School confirmed that it does not possess additional records responsive to Ms. Tinney’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Tinney 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)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Jeanna Tinney