Chris Bruell v. Marblehead, Town of - Public Schools (SPR 20251526)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 11, 2025 SPR25/1526 Lisa Dimier Records Access Officer Marblehead Public Schools 9 Widger Road Marblehead, MA 01945 Dear Ms. Dimier: I have received the petition of Chris Bruell appealing the response of the Marblehead 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 April 4, 2025, Mr. Bruell requested: All email/written/phone/electronic message correspondence between members of the Marblehead School Committee or the committee as a whole and any other individual or entity, including but not limited to other members of the Marblehead School Committee, members of the community, school staff, administrators, and external organizations, from 7/1/2023 to 4/3/2025. Specifically, I request that the search for these records include correspondence that include the following terms: [1] “family values” and/or [2] “traditional values” and/or [3] “traditional family values” and/or [4] “religious values” and/or [5] “conservative values” The School responded on April 16, 2025 and April 18, 2025. Unsatisfied with the School’s responses, Mr. Bruell petitioned this office and this appeal, SPR25/1526, 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

Lisa Dimier SPR25/1526 Page 2 June 11, 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 16th and April 18th Responses In its April 16, 2025 response, the School stated, “[d]ue to the amount of correspondence your request generated, we will be reviewing your request further so that we can provide a good faith estimate of the cost associated with completing your request. We are requesting a few additional days to respond to your request. We anticipate sending a response by the end of this week.” After Mr. Bruell sought clarification regarding which of his “recently submitted two different requests” the School’s response pertained to, the School responded on April 18, 2025, “[w]e will provide a response to both of your requests by Tuesday 4/22/25.” Mr. Bruell subsequently followed up with the School on May 27, 2025 and stated, “I was told in person on April 24th that it was believed there were no records that meet these criteria, but I have not received a formal, written response.” Current Appeal In his appeal petition, Mr. Bruell states that he is appealing the “…non-receipt of a formal response related to the public records request…” Based on the information provided in Mr. Bruell’s appeal petition and the School’s responses, it is unclear whether the School possesses records responsive to Mr. Bruell’s request. The School must clarify this. 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

Lisa Dimier SPR25/1526 Page 3 June 11, 2025 time of the request. See G. L. c. 66, § 10(a)(ii). To the extent that the referenced records exist, I find the School 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 School must provide the responsive records on a rolling basis. Conclusion Accordingly, the School is ordered to provide Mr. Bruell 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. Mr. Bruell may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Chris Bruell