DiPronio, Michael v. Christa McAuliffe Regional Charter School (SPR 20140409)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 25, 2014 SPR14/409 Ms. Andrea Bell, Esq. Stoneman, Chandler & Miller LLP 99 High Street Boston, MA 02110 Dear Attorney Bell: I have received the petition of Michael DiPronio appealing the response of the McAuliffe Regional Charter Public School (School) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. DiPronio requested a copy of student record disclosure index. It is my understanding that you serve as legal counsel for the School. As of the date of this determination and despite attempts by members of my staff to reach you to help resolve this matter, the School has not met its burden under the Public Records Law in responding to this particular records request. "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, created or received by any officer or employee of any town of the Commonwealth to serve a public purpose, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The School is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. In the event of a denial of public records the Public Records Law states that "the burden shall be upon the custodian to prove with specificity the exemption which applies." G. L. c. 66, § 10(c) (emphasis added). See Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). Accordingly, the School is advised that to comply with the Public Records Law and its Regulations it must provide specificity with respect to any denial of access to OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Andrea Bell, Esq. SPR14/409 Page Two September 25, 2014 public records. This requires a records custodian to not only cite an exemption, but to specifically explain the applicability of the exemption to the requested records. The School has yet to meet its burden in proving with specificity why responsive records have not been made available. Accordingly, the School is hereby ordered, within ten (10) days of this order, to provide Mr. DiPronio with the requested records. If the School maintains that the responsive records are exempt it may, within thirty (30) days provide to Mr. DiPronio and this office an explanation, with specificity, how a particular exemption applies to each record. An acknowledgment will be provided, followed by a written determination by this office, to be provided within fifteen (15) business days. Requests for reconsideration filed more than thirty (30) days after the date of this letter will not be considered. This administrative appeal is closed. Supervisor ofRecords cc: Mr. Michael DiPronio Ms. Kristin Harrison