Jessica Richardson v. Worcester, City of (SPR 20243280)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 17, 2024 SPR24/3280 Michael Vigneux Records Access Officer City of Worcester 455 Main Street Worcester, MA 01609 Dear Mr. Vigneux: I have received the petition of Jessica Richardson, of the Massachusetts Family Institute, appealing the response of the City of Worcester (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 24, 2024, Ms. Richardson requested all records “… in the possession of the Worcester Public Schools and the Worcester School Committee between January 1, 2024 and the date of this request …” containing nine specified search terms. The City provided responses on October 8 and October 31, 2024. On November 5, 2024, Ms. Richardson modified her request to include only five search terms. Having received no further communication from the City, Ms. Richardson petitioned this office, and this appeal, SPR24/3280, 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

Michael Vigneux SPR24/3280 Page 2 December 17, 2024 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 Department’s October 8th and October 31st Responses In its October 8, 2024 response, the City informed Ms. Richardson that it would require up to 15 additional business days to provide records responsive to her request, assigned Reference Number W058663-092424. In its October 31, 2024 response, the City informed Ms. Richardson that it possessed more than 600 pages of email communications responsive to her request, and inquired whether she would be willing to modify the scope of her request. On November 5, 2024, Ms. Richardson modified her request to include only five search terms, and stated “… you may omit any mass marketing emails sent from outside the district, provided these emails were not forwarded or replied to by [Worcester Public Schools] staff, representatives, or members of the school committee.” Current Appeal In her December 5, 2024 petition to this office, Ms. Richardson stated that she had not received any further communication from the City. Ms. Richardson requested that the City be ordered to produce responsive records “… free of charge as soon as possible.” G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Ms. Richardson’s modified request was submitted on November 5, 2024, and the City has not provided responsive records, I find the City has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the City must provide an estimated date as to when it expects to complete its review and provide the requested records.

Michael Vigneux SPR24/3280 Page 3 December 17, 2024 See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the City must provide responsive records on a rolling basis. Conclusion Accordingly, the City is ordered to provide Ms. Richardson with a response to the request, 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. Ms. Richardson may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jessica Richardson Janice Thompson, Esq.