Raquel Russell v. Falmouth, Town of - Public Schools (SPR 20243256)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 19, 2024 SPR24/3255; SPR24/3256; SPR24/3290 Sharon Reid Records Access Officer Falmouth Public Schools 340 Teaticket Highway East Falmouth, MA 02536 Dear Ms. Reid: I have received the petition of Raquel Russell appealing the response of the Falmouth Public Schools (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). SPR24/3255 On October 23, 2024, Ms. Russell requested the following: CPPI Grants ... Was this grant applied for? If so, I am requesting a copy of the following that were required to be submitted: 1. Needs Assessment - Online poll done on Survey Monkey 2. Budget WorkBook 3. Narrative Questions & Answers 4. Lead Agency Indirect Cost Approval Letter (if applicable) 5. Subcontractor Indirect Cost Approval Letter (if applicable) 6. Resumes of Key Personnel . . . If this is not the specific grant, can you please forward a copy of requests 1-6 for this grant please: . . . You polled 17 Early Education and Care Providers: Are all 17 of these providers invited to the follow-up Dinner and Conversation at East Falmouth Elementary October 29th at 5:30pm? . . . Have the providers you polled in Mashpee been made aware that the Navigating 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

Sharon Reid SPR24/3255; SPR24/3256; SPR24/3290 Page 2 December 19, 2024 the Future proposal will not only sink our own Falmouth private providers but Mashpee’s providers as well? The School responded on October 29, 2024. SPR24/3256 On November 6, 2024, Ms. Russell requested the following: All requests are required within the FY24 CPPI PLANNING & IMPLEMENTATION GRANT PROCUREMENT INFORMATION (page locations listed) (RFR #718 - Fund Code) Please forward all applicable copies for the following: (please state reason if request is not available) 1. PAGE 8: Signed Memorandums of Understanding (MOUs) for all CBO partners ... 2. PAGE 9: Leadership Team - Established during Early Implementation Stage ... 3. PAGE 10: NEEDS ASSESSMENT - as stated, there is no Needs Assessment ... 4. PAGE 11: Copy of the Strategic Action Plan ... 5. PAGE 12: Copy of the Recruitment & Enrollment Plan ... 6. PAGE 18: FY24 School Year Budget & FY25 Summer Budget 7. PAGE 21: Bi-Monthly Progress Reports 8. Any Requests for Funds (RFF) - Appendix D 9. Final Financial Report (FFR) for FY24 - Appendix D 10. Direct Service Summary (DSS) - Appendix D The School responded on November 22, 2024. SPR24/3290 On November 24, 2024, Ms. Russell requested: [T]he following documents under all CPPI Grant submissions for FY24 1. Strategic Plans - any drafts and final plan submitted to EEC 2. Narrative Responses 3. Budget Workbooks/Summaries 4. Signed Memorandums of Understanding for all CBO’s 5. All Requests for Funds & Final Invoices (RFF’s) 6. Bi-Monthly Progress Reports 7. FY25 Direct Service Summary (DSS) 8. Professional Development Plan 9. Grant Review Reports The School responded on December 3, 2024.

Sharon Reid SPR24/3255; SPR24/3256; SPR24/3290 Page 3 December 19, 2024 Unsatisfied with the School’s responses, Ms. Russell petitioned this office, and these appeals were 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. 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 October 29th, November 22nd, and December 3rd Responses In its October 29, November 22, and December 3, 2024 responses, the School provides numerous responsive records. Further, in its November 22nd response, the School explains that “the Coalition for Children was not awarded this grant,” and in its December 3rd response, the School explains that “the Coalition for Children did not receive funds from the FY24 CPPI grant,” and explains that “there are no other records responsive to [Ms. Russell’s] request.” Current Appeal In her appeal petition, Ms. Russell argues the following: All the requests are for the same information. In my attempt to obtain the correct documents several requests were made. . . . This is a multi-year, multi-phase grant with several moving parts including options to apply for amendments and cohorts as they are offered. As you will see, I have asked several times in several ways and the same documents keep being sent to me. In the latest response from the district they stated they now consider the matter closed. The district is withholding specific records within this grant that are a matter of

Sharon Reid SPR24/3255; SPR24/3256; SPR24/3290 Page 4 December 19, 2024 public record. Additional funding was denied by the EEC in October 2024. The district states they received $0 in CPPI funding for FY24, that does not negate the fact that the correct budget workbook, narrative responses, strategic plan and grant review should have been forwarded under my requests[.] Records in Existence; Possession, Custody, or Control Please be 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). Additionally, 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). However, 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). In a telephone conversation between this office and the School on December 10, 2024, the School confirmed that it does not possess additional records responsive to the requests. Conclusion Where the School confirmed that it does not possess additional records responsive to Ms. Russell’s requests, and where the School is not required to answer questions or create documents in response to requests for records, I will now consider this administrative appeal closed. If Ms. Russell 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: Raquel Russell