Laura Gillis v. Lynnfield, Town of - Public Schools (SPR 20243317)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 20, 2024 SPR24/3317 Thomas Geary Superintendent Lynnfield Public School District 55 Summer Street Lynnfield, MA 01940 Dear Superintendent Geary: I have received the petition of Laura Gillis, Esq., of Gillis Law, LLC, appealing the response of the Lynnfield Public School District (District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 7, 2024, Attorney Gillis requested: Presentation slides, handouts, and any other materials used in connection with the emergency response professional development training developed by [an identified nonprofit organization] and conducted amongst Lynnfield school staff on November 6, 2024. On November 18, 2024, the District provided a response. Unsatisfied with the response, Attorney Gillis petitioned this office and this appeal, SPR24/3317, 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. Att’y 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 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

Thomas Geary SPR24/3317 Page 2 December 20, 2024 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 District’s November 18th Response On November 18, 2024, the District informed Attorney Gillis that it possessed no records responsive to her request. Current Appeal In her December 10, 2024 petition to this office, Attorney Gillis stated that during the District’s November 6th professional development training, a digital slideshow and other training materials were provided to the District. In a December 18, 2024 email to this office, the District confirmed that it possessed no records responsive to Attorney Gillis’ request. No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Conclusion Given that the District has no responsive records in its possession and this office has no authority to compel the District to create records, I will now consider this administrative appeal closed. If Attorney Gillis 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).

Thomas Geary SPR24/3317 Page 3 December 20, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Laura Gillis, Esq. Colby C. Brunt, Esq.