Joan P. Beckta v. Everett, City of - Public Schools (SPR 20252925)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 16, 2025 SPR25/2925 David O’Connor Director of Communications Everett Public Schools 121 Vine Street Everett, MA 02149 Dear Mr. O’Connor: I have received the petition of Joan P. Beckta appealing the response of the Everett 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 September 2, 2025, Ms. Beckta requested, “[t]he document to [an identified individual] telling her she was being put on leave…” The School responded on September 15, 2025. Unsatisfied with the response, Ms. Beckta petitioned this office and this appeal, SPR25/2925, was opened as a result. Subsequently, the School provided Ms. Beckta with an additional response on October 8, 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. See 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 O’Connor SPR25/2925 Page 2 October 16, 2025 If there are any fees associated with a response a written, good faith estimate must be 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 School’s September 15th Response In its September 15, 2025 response, the School stated, “[t]he action to put [an identified individual] on paid administrative leave was undertaken by the School Committee. You can find a record of it in the minutes of the October 30, 2023, Special Meeting. The minutes are a publicly accessible online record…” Current Appeal In her October 6, 2025 appeal to this office, Ms. Beckta stated, “I am appealing the lack of response to this public records request. I asked for the letter placing our then Superintendent of Schools on leave. I got a ‘the SC voted for it.’ That’s nonresponsive.” In an October 8, 2025 email communication to this office and Ms. Beckta, the School stated, “EPS is not in possession of any additional responsive records and is not obliged to create records to respond to a request.” 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). 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). Conclusion Where the School has stated that it does not possess additional responsive records and this office has no authority to compel the School to create records, I will now consider this administrative appeal closed. If Ms. Beckta is not satisfied with the resolution of this administrative appeal, please be advised that this office share jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

David O’Connor SPR25/2925 Page 3 October 16, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Joan P. Beckta Brackett Smith