Megan Hamilton-McKeon v. Old Rochester Regional School District (SPR 20242250)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 20, 2024 SPR24/2250 Superintendent Michael Nelson Records Access Officer Old Rochester Regional School District 135 Marion Road Mattapoisett, MA 02739 Dear Superintendent Nelson: I have received the petition of Megan Hamilton-McKeon appealing the response of the Old Rochester Regional School District (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 6, 2024, Ms. Hamilton-McKeon requested, “all notes, records, documents, correspondence, reports … regarding: A mandate that a medical implement be placed inside my body against my will[.]” The School provided a response on July 22, 2024. Unsatisfied with the School’s response, Ms. Hamilton-McKeon appealed, and this case, SPR24/2250, 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. 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. 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

Superintendent Michael Nelson SPR24/2250 Page 2 August 20, 2024 The School’s July 22nd Response In its July 22, 2024 response, the School states, “[w]e do not know what alleged mandate you are referring to. As such, your request does not meet the threshold of the Public Records Law as it does not contain a reasonable description of requested records and there is no reasonable search the District could run to identify any particular documents you may be seeking.” No Duty to Create Records 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 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 a telephone conversation between a staff attorney of the Public Records Division and a representative of the School on August 9, 2024, the School confirmed it has no records responsive to the request. Conclusion Where the School confirmed that it does not possess records responsive to Ms. Hamilton- McKeon’s request, I will now consider this administrative appeal closed. If Ms. Hamilton- McKeon 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: Megan Hamilton-McKeon