Ada Zhong v. Westwood, Town of - Public Schools (SPR 20251278)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 19, 2025 SPR25/1278 Timothy Piwowar Superintendent Westwood Public School District 220 Nahatan Street Westwood, MA 02090 Dear Superintendent Piwowar: I have received the petition of Ada Zhong appealing the response of the Westwood Public School District (District) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 16, 2025, Ms. Zhong requested, “. . . the April schedule for all soccer fields in Westwood[.] [Specifically,] the time when games, practices, or other activities are booked. Additionally . . . could [you] share the April schedule for all school building gyms or basketball courts. . .” The District responded on April 30, 2025 and May 5, 2025. Unsatisfied with the responses, Ms. Zhong petitioned this office and this appeal, SPR25/1278, 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. If there are any fees associated with a response a written, good faith estimate must be 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

Timothy Piwowar SPR25/1278 Page 2 May 19, 2025 provided. See 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 30th and May 5th Responses In its April 30, 2025 response, the District stated, “I handle building use requests for the district and can look into gym availability for you. Are you looking to reserve a particular gym?” In its May 5, 2025 response, the District stated, “[i]n order to ensure that your request is treated as a FOIA request, please process it through the FOIA system that you have used in the past.” In its second May 5, 2025 response, the District stated, “[y]our request was originally approached as a request for space, which is reflected in the clarifying question that was raised by [an identified individual]. Requests for space are accommodated on a case-by-case basis. From what I understand, you clarified that it was not a request for a reservation on April 30, 2025.” Current Appeal In her May 7, 2025 petition to this office, Ms. Zhong stated, “[d]espite these responses, the requested schedules have not been provided, and the request remains unfulfilled as of May 6, 2025. The [District] has not provided the requested public records, an explanation for the delay, or an estimated timeline for compliance.” Timeliness in Providing Records 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 Ms. Zhong submitted the request on April 16, 2025, and the District has not provided the 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). Consequently, I find the District must provide

Timothy Piwowar SPR25/1278 Page 3 May 19, 2025 an estimated date as to when it intends to complete its review and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the District is ordered to provide Ms. Zhong with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Ms. Zhong may appeal the substantive nature of the District’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ada Zhong