Peter C. Roby v. Seekonk, Town of - School Department (SPR 20250960)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 23, 2025 SPR25/0960 Bridget K. McNamara Records Access Officer Seekonk Public Schools 25 Water Lane Seekonk, MA 02771 Dear Ms. McNamara: I have received the petition of Peter Charles Roby, of the Bay State Banner, appealing the response of the Seekonk Public Schools (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 26, 2025, Mr. Roby requested the following: Public Records Sought [1] What number of school libraries are operating in your school district? [2] How many school libraries do you operate in elementary schools? middle schools? high schools? [3] What are the operating hours of your school libraries? If open for the full school day 180 days a year, you may reply: all. [4] How many library personnel—including part-time staff, specialists and paraprofessionals—does your school district employ? [4] Approximately, what is the total FTE (full time equivalency) of library-duties for the above personnel? Ex. A 20-hour-weekly role that splits time in the library with other responsibilities would be 0.25. [5] How many of the personnel are licensed librarians working in school libraries? Optional Information Sought [6] What is the highest educational credential held by your Director of School Libraries, or the equivalent position? [7] Describe the technology available to students. [8] Describe any media literacy or research techniques instruction offered through your school district. Do all or some grades and schools enjoy these offerings? [9] Approximately, what is the size of the physical catalog on the shelves in your 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

Bridget K. McNamara SPR25/0960 Page 2 April 23, 2025 school libraries? [10] Please provide any clarifying information, such as distinguishing overlap with regional school districts or school libraries utilized by multiple schools. The School responded on April 1, 2025. Unsatisfied with the School’s response, Mr. Roby petitioned this office, and this appeal, SPR25/0960, was opened as a result. Subsequent to the opening of this appeal, the School provided a further response to this office on April 15, 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 School’s April 1st Response In its April 1, 2025 response, the School states that “the School Department is under no obligation to create records in response to your request. Furthermore, the Seekonk School Department is required only to provide records, and is not required to answer questions in response to a public records request.” Current Appeal In his appeal petition, Mr. Roby argues the following: The Seekonk Public Schools is in possession of one or more responsive records. And, the Records Access Officer did not recommend a reasonable modification of the request that would have facilitated responsiveness. A flat denial based on this technical quibble thwarts the spirit of the public records law.

Bridget K. McNamara SPR25/0960 Page 3 April 23, 2025 All responsive records-those describing school libraries, personnel and operations-should be produced. The form of the February 26th request distills such broad categories of records into simple questions, allowing school departments to provide information without conducting an exhaustive search for paperwork or providing duplicative records. The form, therefore, should count in favor of participation, not against it. Further, this public records request seeks data from municipalities following the form of official attempts to ascertain the same information. See, for example, the 2018 School Library Study authorized by the legislature and the 2023 Digest of Education Statistics. On the key question, the proportion of schools operating libraries in Massachusetts, both report a figure with significant uncertainty. Essentially, such research was unsuccessful due to partial participation. Records in Existence; No Duty to Answer Questions, Conduct Research, Create Documents 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, 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 an email to this office on April 15, 2025, the School confirmed that “Seekonk Public Schools does not need to answer any questions. It does not have any responsive records.” Where the School has confirmed that it does not possess responsive records, and the School has no duty to create records, or answer questions in response to a Public Records request, I find that the School has met its burden in responding to this request under the Public Records Law. Conclusion Accordingly, I will now consider this administrative appeal closed. If Mr. Roby 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). Additionally, if Mr. Roby wishes to submit a public records request to the School specifically describing the records he seeks, and is unsatisfied with the response, he may appeal that response within ninety (90) days. See 950 C.M.R. 32.08(1).

Bridget K. McNamara SPR25/0960 Page 4 April 23, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Peter Charles Roby