Jason Petraitis v. North Brookfield, Town of - Public Schools (SPR 20250293)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 5, 2025 SPR25/0293 Timothy J. McCormick Superintendent North Brookfield Public School District 10 New School Drive North Brookfield, MA 01535 Dear Superintendent McCormick: I have received the petition of Jason Petraitis appealing the response of the North Brookfield 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 January 8, 2025, Mr. Petraitis requested: [1] 4/11/2023 emails between [two identified individuals] and all corresponding emails. [2] 11/1/2023 emails between [two identified individuals] and all corresponding emails. [3] 11/4/2023 emails between [three identified individuals] and all corresponding emails. [4] 11/6/2023 emails between [three identified individuals] and all corresponding emails. [5] 11/18/2023 emails between [two identified individuals] and all corresponding emails. [6] Also, emails from [an identified individual] to [two identified individuals] on 10/21, 10/25, 10/28-29, 11/1, 11/6, 11/12, 11/15, 11/18, 11/22 and all corresponding emails. The District provided a response on January 23, 2025. Unsatisfied with the response, Mr. Petraitis petitioned this office and this appeal, SPR25/0293, 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 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

Timothy J. McCormick SPR25/0293 Page 2 February 5, 2025 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. Status of the Requestor; Reason for the Request Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Petraitis’ purpose in making the request has no bearing on the public status of any existing responsive records. The District’s January 23rd Response In its January 23, 2025 response, the District provided Mr. Petraitis with responsive records. Current Appeal In his January 31, 2025 petition to this office, Mr. Petraitis claimed that the District possessed additional records responsive to his request. In an email communication to this office on February 4, 2025, the District confirmed that it had conducted a search of its email systems, and that all of the responsive records in its possession had been provided to Mr. Petraitis. 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

Timothy J. McCormick SPR25/0293 Page 3 February 5, 2025 questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records 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 Given that all responsive records have been provided, and this office has no authority to compel the District to create records, I will now consider this administrative appeal closed. If Mr. Petraitis 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: Jason Petraitis