Anna Shin v. Cambridge, City of - Office of the City Clerk (SPR 20242721)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 11, 2024 SPR24/2721 Seah Levy Public Records Access Officer City of Cambridge 795 Massachusetts Avenue Cambridge, MA 02139 Dear Ms. Levy: I have received the petition of Anna Shin appealing the response of the City of Cambridge (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 22, 2024, Ms. Shin requested the following: [1] Graham & Parks School budget for 2023-2024: all versions . . . including the final version[;] [2] All [of an identified individual’s] email correspondence with attachments related to the school-specific budget, including but not limited to discussions of possible budget items to add and quotes for any budget items, including for the final version. In an email to the City dated May 23, 2024, Ms. Shin modified her request and stated, “[c]orrection: It is the 2024-2025 school budget. Not 2023-2024.” The City responded on June 6, 2024 and, following additional correspondence with Ms. Shin, provided a further response on June 27, 2024. Unsatisfied with the City’s responses, Ms. Shin petitioned this office and this appeal, SPR24/2721, 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

Seah Levy SPR24/2721 Page 2 October 11, 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. 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. Current appeal In her appeal, Ms. Shin states, “I would like to obtain records that will shed light as to how the Graham and Parks School administration and the Cambridge Public Schools district developed this school year’s budget FY2024-2025 for Graham and Parks only (G&P).” Ms. Shin further explains that she “only received one record that explains one budget line item in the spreadsheet. It is the email correspondence on the library book/supply budget. The two other records are emails not relevant to FY25 G&P budget. . . .” The City’s Responses In its June 6, 2024 response, the City provided responsive records with redactions pursuant to Exemption (c) of the Public Records Law. See G. L. c. 4, § 7(26)(c). In an email to the City dated June 7, 2024, Ms. Shin advised, “I requested the . . . 2024- 2025 school-specific budget. . . . The documents that were sent are for this year’s budget, 2023- 2024, with the exception of the partial spreadsheet of Permanent Salaries . . . . I requested each version which would look like the attached FY24 sub-budget for the School Improvement allocation. . . . I need the versions for FY25.” In its June 27, 2024 response, the City provided an additional responsive record in the form of an unredacted Excel spreadsheet and stated the following: With regards to your request for an excel spreadsheet, please see the attached record. I further confirmed that the records I previously sent you were the completed and only versions of those records. Next, I looked at the attachment that you sent over for reference. That document was the Graham and Park FY 23-34 School Improvement Budget, a distinct document/budget from the previously requested budget records. The SIP budgets are not created until the School Year in question. In other words, while the 23-24 budget currently exists, the 24-25 budget, or at least the first version of it, will not

Seah Levy SPR24/2721 Page 3 October 11, 2024 come into existence until some time during the next School Year/This Fall. There is no corresponding record I can provide you with. Subsequent to the opening of this appeal, I learned that the City confirmed with this office that it is not in possession of any additional records responsive to this request. No Duty to Create Records Under the Public Records Law, there is no obligation to create a record in response to a public records request. See G. L. c. 66, § 6A(d), 32 Op. Att’y Gen. 157, 165 (May 18, 1977). The duty to comply with requests for information extends only 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). Conclusion Where the City has confirmed that it does not possess additional records, and has no duty to create records responsive to the request, I will consider this administrative appeal closed. If Ms. Shin 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(A)(c). Sincerely, Manza Arthur Supervisor of Records cc: Anna Shin