Colman Herman v. Boston, City of - Public Schools (SPR 20243056)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 20, 2024 SPR24/3056 Shawn A. Williams, Esq. Director of Public Records Record Access Officer City of Boston One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Colman Herman appealing the response of the Boston 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 July 4, 2024, Mr. Herman requested, “copies of any and all reports of student-on-student sexual misconduct for school year 2023-2024 at Boston Public Schools.” The School responded on November 6, 2024. Unsatisfied with the response, Mr. Herman petitioned this office and this appeal, SPR24/3056, was opened as 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, § l0A(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. If there are any fees associated with a response a written, good faith estimate must be 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

Shawn A. Williams, Esq. SPR24/3056 Page 2 November 20, 2024 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 November 6th Response In its November 6, 2024 response, the School provided records responsive to the request with redactions under Exemption (a) of the Public Records Law. Current Appeal In his appeal, Mr. Herman states, “[a]t this point, I am not challenging the redactions.” He continued, “I am unable to enlarge the font. Accordingly, please order BPS to provide the responsive records in a larger, readable font. Moreover, BPS produced spreadsheets. I asked for the ‘reports’ – not spreadsheets.” The School is advised that 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 light of Mr. Herman’s appeal, it is unclear if the records can be provided in a larger readable font as requested. Further, where Mr. Herman requested for reports and not spreadsheets, it is uncertain if the School possesses the requested reports. If the School does possess the requested reports, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. The School must clarify these matters. Conclusion Accordingly, the School is ordered to provide Mr. Herman with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 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: Colman Herman