Ron Cecchini v. Milton, Town of - Public Schools (SPR 20253175)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 12, 2025 SPR25/3175 Charlene Roche Records Access Officer Milton Public Schools 25 Gile Road Milton, MA 02186 Dear Ms. Roche: I have received the petition of Ron Cecchini appealing the response of Milton 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 July 30, 2025, Mr. Cecchini requested the following: the complete [transcript] — or written record — of the video that was submitted into the public record on June 5, 2020 by [an individual]. The video submitted was of then–[identified individual] conducting a virtual classroom lesson. This incident is widely known and was publicly reported. [The identified individual] was subsequently investigated, and her employment status became the subject of public discussion. I am not requesting the video recording itself, nor any police reports or student information. I am requesting only the transcript or verbatim record of the teacher’s statements made during that class session. On August 5, 2025, the School provided a response. Unsatisfied with the School’s response, Mr. Cecchini petitioned this office and this appeal, SPR25/3175, 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 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

Charlene Roche SPR25/3175 Page 2 November 12, 2025 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. 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 School’s August 5th Response On August 5, 2025, the School provided Mr. Cecchini with a response stating, “[p]lease be advised that there are no responsive records to this request as there are no written transcripts or verbatim records of the teacher’s comments made during that class session.” Current Appeal In his appeal, Mr. Cecchini contends: This reasoning is inconsistent with the Public Records Law. While agencies are not required to create new substantive records, the law does not permit withholding an existing record simply because it exists in a format inconvenient for disclosure. The underlying record indisputably exists in video form; preparing a short transcript would not constitute creating a new record but rather providing the existing information in an accessible format. … I respectfully ask that the Supervisor of Records determine that Milton Public Schools has improperly withheld responsive information and order the production of a written transcript - or, alternatively, permit inspection of the underlying video to verify the statements at issue. On November 10, 2025, in a conversation between the School and an attorney at the Public Records Division, the School confirmed that it does not possess the requested records. No Duty to Create Records Under the Public Records Law, the School is not required to create a record in response to a public records request. 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).

Charlene Roche SPR25/3175 Page 3 November 12, 2025 Conclusion Where the School does not possess any records responsive to Mr. Cecchini’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Cecchini is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Ron Cecchini