Ford, Joey v. Fall River, City of - Public Schools (SPR 20261073)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 6, 2026 SPR26/1073 Debra Cabral Records Access Officer Fall River Public Schools 417 Rock Street Fall River, MA 02720 Dear Ms. Cabral: I have received the petition of Joey Ford appealing the response of the Fall River 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 March 5, 2026, Mr. Ford sought the following records related to the hiring of [an identified individual] as a School Adjustment Counselor at Silvia Elementary School within Fall River Public Schools: [1] The job posting or vacancy announcement for the School Adjustment Counselor position at Silvia Elementary School filled on or about April 10, 2023. [2] Any recruitment documentation demonstrating the district’s good faith effort to recruit licensed candidates for this position, including but not limited to job advertisements, postings, or applicant outreach. [3] Interview records for the position, including interview schedules, candidate lists, interview notes, or scoring sheets. [4] Any licensure waiver, hardship waiver, or documentation submitted to the Massachusetts Department of Elementary and Secondary Education related to the employment of an unlicensed individual in this role prior to licensure. [5] The employment start date documentation or appointment letter for [an identified individual] for the School Adjustment Counselor position. [6] Any internal communications among district administrators regarding the hiring of [an identified individual] for this position, including communications involving district leadership, the building principal, or the superintendent. The School responded on March 18, 2026. Unsatisfied with the School’s response, Mr. Ford petitioned this office and this appeal, SPR26/1073, 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

Debra Cabral SPR26/1073 Page 2 April 6, 2026 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 March 18th Response In its March 18, 2026 response, the School sought clarification to Item 6 of the request. In an email to the School on March 19, 2026, Mr. Ford provided the requested clarification. Current Appeal In his appeal petition, Mr. Ford contends that “based on the correspondence attached, I have not received a compliant written response that includes the statutory elements required by § 10(b), nor have I agreed to any extension beyond the statutory municipal timeframe.” 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 a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for

Debra Cabral SPR26/1073 Page 3 April 6, 2026 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 Mr. Ford submitted his request on March 5, 2026, and the School has not provided the responsive records, nor cited an exemption for withholding records, I find that the School has not met its burden in responding to the request in accordance with G. L c. 66, § 10(b)(vi). Consequently, the School must provide an estimated date as to when it intends to complete the search and provide any responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the School must provide responsive records on a rolling basis. Conclusion Accordingly, the School is ordered to provide Mr. Ford with a response to his 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. Ford 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: Joey Ford