Gregory D. Henning, Esq. v. Framingham, City of (SPR 20250984)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 17, 2025 SPR25/0984 Paul J. Iversen Records Access Officer City of Framingham 150 Concord Street, Room B-37 Framingham, MA 01702 Dear Mr. Iversen: I have received the petition of Gregory D. Henning, Esq., appealing the response of the City of Framingham (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 3, 2025, Attorney Henning requested: [1] All operating agreements (Memorandum(s) of Understanding, contracts, or other establishing documents) for the 2021-2022, 2022-2023, 2023-2024, and 2024-2025 school years between Framingham Public Schools (FPS) and each of its Partners in Learning (PEL) schools: Framingham State University Centers for Early Childhood Education, Loving Nest Preschool, and the Metrowest YMCA[;] [2] The Notice of Award (commonly known as a “Grant Award Letter”) for each grant received by Framingham Public Schools used, in any part, to fund pre- Kindergarten at Framingham Public Schools and/or its PEL partners for the 2021- 2022, 2022-2023, 2023-2024, and 2024-2025 school years[;] [3] Statistical tabulations, data, or other records indicating the number of students with disabilities and/or Individualized Educational Program (IEP) enrolled in each of its pre-Kindergarten and PEL programs for the 2021-2022, 2022-2023, 2023- 2024, and 2024-2025 school years. The City provided a response on February 18, 2025. Unsatisfied with the response, Attorney Henning petitioned this office and this appeal, SPR25/0984, 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

Paul J. Iversen SPR25/0984 Page 2 April 17, 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 City’s February 18th Response In its February 18, 2025 response, the City informed Attorney Henning that it intended to provide him with responsive records within 15 business days. Current Appeal In his April 10, 2025 petition to this office, Attorney Henning stated that he had received no further response from the City. 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).

Paul J. Iversen SPR25/0984 Page 3 April 17, 2025 Where Attorney Henning’s request was submitted on February 3, 2025, and the City has not provided responsive records, I find the City has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the City 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 City must provide responsive records on a rolling basis. Conclusion Accordingly, the City is ordered to provide Attorney Henning 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 pre@sec.state.ma.us. Attorney Henning may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Gregory D. Henning, Esq.