Wiesenberg, Peggy v. Boston, City of - Public Schools (SPR 20150193)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords May 28,2015 SPRlS/193 Ms. Alissa Ocasio, Esq. Boston Public Schools 2300 Washington Street Roxbury, MA 02119 Dear Attorney Ocasio: I have received the petition of Peggy Wiesenb erg appealing the nonresponse of the Boston Public Schools (Schools) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Wiesenberg requested records regarding the proposed closure of Boston schools. Her request was dated March 6, 2015. To date, no substantive response has been issued. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(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 town 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 ( c); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Accordingly, the Schools is hereby ordered, within ten (10) days ofthis order, to provide Ms. Wiesenberg with the requested records. If the Schools maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Ms. Wiesenberg a written explanation, with specificity, how a particular exemption applies to each record. cc: Ms. Peggy Wiesenberg One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre