Raquel Russell v. Falmouth, Town of - Public Schools (SPR 20250963)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 23, 2025 SPR25/0963 Sharon Reid Records Access Officer Falmouth Public Schools 340 Teaticket Highway Falmouth, MA 02536 Dear Ms. Reid: I have received the petition of Raquel Russell appealing the response of the Falmouth 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 March 13, 2025, Ms. Russell requested “…the FY24 CPPI budget workbook which was sent to [her] on 10/29/24 & 11/22/24 to fulfill [her] record request. This is the budget workbook that was sent by accident. Please send the record as an attachment and not a scanned version.” The School responded on March 28, 2025. Unsatisfied with the School’s response, Ms. Russell petitioned this office and this appeal, SPR25/0963, was opened as a result. While this appeal was pending, the School provided a supplemental response on April 16, 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. 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

Sharon Reid SPR25/0963 Page 2 April 23, 2025 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 March 28th and April 16th Responses In its March 28, 2025 response, the School provided a responsive record in PDF format and stated, “[p]lease note that this workbook was never sent to the EEC. It is a draft that was never completed.” In its April 16, 2025 supplemental response, the School provided a link to a copy of the “incorrect FY24 Budget Workbook in excel format,” and stated, “[t]his is the only other format that we have for this incorrect Budget Workbook… There are no other public records responsive to your request.” Current Appeal In her appeal petition, Ms. Russell states: I specifically requested that said budget workbook be sent to me as an attachment… The budget workbook that I am now being denied was never a valid record and only created and forged after my initial request for the FY24 CPPI records on 10/29/24. I am requesting the original budget workbook file from 10/29/24 & 11/22/24 be sent to me as an attachment. The attachment the district sent me on March 13, 2025 is now a new version of the scanned record sent to me on 10/29/24 & 11/22/24… I need the actual file as an attachment to extract the date the file was actually created. 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). Further, 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). In a telephone conversation with this office on April 16, 2025, the School confirmed that it possesses no additional records responsive to Ms. Russell’s request. Conclusion Where the School has confirmed that it does not possess additional records responsive to Ms. Russell’s request, and this office has no authority to compel the School to create records, I will now consider this administrative appeal closed. If Ms. Russell is not satisfied with the

Sharon Reid SPR25/0963 Page 3 April 23, 2025 resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Raquel Russell