Jack Egan v. Rockland, Town of - Public Schools (SPR 20250915)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 4, 2025 SPR25/0915 Alan H. Cron Superintendent Rockland Public School District 34 MacKinlay Way Rockland, MA 02370 Dear Superintendent Cron: I have received the petition of Jack Egan, appealing the response of the Rockland 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 February 6, 2025, Mr Egan requested: [1] I would like to get a better understanding on what percent and total dollar amounts that go to the Rockland Schools vs. all Town of Rockland expenditures. It’s important to make sure the number and percentage includes all debt exclusions for the Rockland Schools … [2] I would like to know why Rockland’s school expenditures (on a percent basis) are so high vs. what typically other towns are spending (approximately 40% higher). Just looking for key bullet points with dollars & percentages and not detailed summaries … [3] I would like to know why the Rockland Schools are rated lower than our neighboring towns in the area … [4] A question I could never get an answer to regarding the Phelps Elementary School when it was being designed is what would be the building’s projected life (20 years, 40 years, 50 years, etc.), so I would like to know that as well. The District provided responses on March 13 and 19, 2025. Unsatisfied with the responses, Mr. Egan petitioned this office and this appeal, SPR25/0915, was opened as a result. 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

Alan H. Cron SPR25/0915 Page 2 April 4, 2025 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 District’s March 13th and 19th Responses In its March 13, 2025 response, the District informed Mr. Egan that the superintendent wished to discuss his request in person. Mr. Egan declined to do so. In its March 19, 2025 response, the District again suggested discussing Mr. Egan’s request by phone or in person. Current Appeal In his April 3, 2025 petition to this office, Mr. Egan stated that he would prefer to receive a written reply to his request, rather than engage in a discussion with District staff. Item 1 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

Alan H. Cron SPR25/0915 Page 3 April 4, 2025 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 Mr. Egan’s request was submitted on February 6, 2025, and the District has not provided records responsive to Item 1, I find the District has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the District must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the District must provide responsive records on a rolling basis. Items 2, 3, and 4 Mr. Egan is advised that 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). Pursuant to the Public Records Law, a custodian 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). Where Items 2, 3, and 4 of Mr. Egan’s request constitute a list of questions, I find that the District has no duty under the Public Records Law to answer such questions. Conclusion Accordingly, the District is ordered to provide Mr. Egan with a response to Item 1 of 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. Mr. Egan may appeal the substantive nature of the District’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jack Egan