Gavin Lancaster v. Everett, City of - Public Schools (SPR 20250973)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 17, 2025 SPR25/0973 David S. O’Connor Director of Communication Everett Public School District 121 Vine Street Everett, MA 02149 Dear Mr. O’Connor: I have received the petition of Gavin Lancaster, of Arbella Insurance Group, appealing the response of the Everett 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 March 17, 2025, Mr. Lancaster requested, “[t]he video footage, if any, of the LaFayette School Parking lot on 3/6/25 between the hours of 3:05 p.m. and 3:20 p.m.” The District provided a response on April 1, 2025. Unsatisfied with the response, Mr. Lancaster petitioned this office and this appeal, SPR25/0973, 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. 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

David S. O’Connor SPR25/0973 Page 2 April 17, 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 District’s April 1st Response In its April 1, 2025 response, the District stated, “[w]e have video of that time frame, although there are several students in the frame. This raises confidentiality concerns. I am in the process of getting more clarification on how to best proceed.” Current Appeal In his April 9, 2025 petition to this office, Mr. Lancaster stated that he had received no further response from the District. 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 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. Lancaster’s request was submitted on March 17, 2025, and the District has not provided responsive records, 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. Conclusion Accordingly, the District is ordered to provide Mr. Lancaster with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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

David S. O’Connor SPR25/0973 Page 3 April 17, 2025 pre@sec.state.ma.us. Mr. Lancaster 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: Gavin Lancaster