Rebecca Raymond v. New Bedford, City of - Public Schools (SPR 20252962)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 20, 2025 SPR25/2962 Heather Emsley Executive Director of Human Capital Services New Bedford Public School District 455 County Street, Room 101 New Bedford, MA 02740 Dear Ms. Emsley: I have received the petition of Rebecca Raymond appealing the response of the New Bedford 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 September 8, 2025, Ms. Raymond requested the following records regarding an incident that took place at Parker Elementary School on December 19, 2023: 1. All video footage, images, or recordings taken, received, or transmitted by Parker Elementary or New Bedford Public Schools staff concerning this incident. 2. All reports, emails, mandated reporter filings, or communications between Parker staff and DCF, law enforcement, or any third party regarding the incident. 3. Any notes, memoranda, or correspondence maintained by the Receiver or district administrators regarding the incident. The District responded on September 12, 2025. Unsatisfied with the District’s response, Ms. Raymond petitioned this office, and this appeal, SPR25/2962, 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). 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

Heather Emsley SPR25/2962 Page 2 October 20, 2025 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. Att’y 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 District’s September 12th Response In its September 12, 2025 response, the District stated “[t]he District can confirm that the Receiver in place at Parker school at the time of this incident verified they had no video or reports responsive to your request regarding the non-school related incident that occurred.” Current Appeal In her appeal, Ms. Raymond states “Parker staff communicated with DCF and referenced video related to the incident—i.e., records clearly do exist.” Based on the information provided in Ms. Raymond’s appeal petition and the District’s response, it is unclear whether the District possesses records responsive to Ms. Raymond’s request. 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). Additionally, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the District must clarify whether it possesses responsive records. Conclusion Accordingly, the District is ordered to provide Ms. Raymond with a response to the request, provided in a manner consistent with this order, the Public Records Law, and it’s 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. Raymond may appeal the substantive nature of the District’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Heather Emsley SPR25/2962 Page 3 October 20, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Rebecca Raymond