Keaney, Brian v. Dedham, Town of - Public Schools (SPR 20150513)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 24, 2015 SPRlS/513 Mr. Mike Welch Superintendent of Schools 10 0 Whiting A venue Dedham, MA 02026 Dear Mr. Welch: I have received the petition of Brian Keaney appealing the response of the Superintendent of Schools (Superintendent) to his March 3 and June 7, 2015 requests for public records from the Dedham School Committee (Committee). G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, on March 3, 2015 Mr. Keaney requested copies of Committee executive session meeting minutes from 2009 regarding a specific incident. On June 7, 2015 Mr. Keaney requested copies of records relating to the Dedham High School. 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). March 3 request for executive session meeting minutes In a June 29, 2015 response to the March 3 request, you provided copies of executive session meeting minutes, "redacted where appropriate to remove information exempt from public disclosure pursuant to attorney-client privilege and/or exemptions (a) and (c) to the public records law." This response lacks the specificity required under the Public Records Law. To date the Committee has provided no additional information to overcome the presumption that the redacted portions are public records subject to mandatory disclosure. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Mike Welch SPR15/513 Page Two August 24, 2015 In order to withhold a record requested pursuant to the Public Records Law, the record custodian is charged with the duty of proving with specificity how a particular exemption applies to each individual record requested. (emphasis added). See G. L. c. 66, § 10 (c ); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian must offer specific proof that the records sought are of a type to which an exemption applies). June 7 request for Dedham High School records As of the date of this order only one of the four requested records have been provided. Timeliness of response to requests for public records It is important to note that the Committee's response to these two requests were not made in compliance with the timeliness requirements of the Public Records Law and its Access Regulations. The Committee's response to Mr. Keaney's March 3 request is dated June 29, 2015, one-hundred eighteen days after his request. The Commission's response to Mr. Keaney's June 7, 2015 was provided on June 24, 2015, seventeen days after the request and this request has still not been completely fulfilled. G. L. c. 4, § 7 (26); 950 C.M.R. 32 et seq. A record custodian must comply with a public records request as soon as is practicable, without unreasonable delay, and always within ten (10) calendar days. G. L. c. 66, § 10(a); 950 C.M.R. 32.05(2). The Committee is advised that all responses to requests for public records must be made in compliance with the timeliness requirement of the Access Regulations. Order Accordingly, whereas the Committee has not overcome the presumption that the redacted portions of the meeting minutes are public, and further whereas the Committee has failed to provide the remaining records responsive to Mr. Keaney's June 7 request, the Committee is hereby ordered, within ten (10) days ofthis order, to (1) provide with the remaining records responsive to the June 7 request, and (2) provide either the redacted portions of the executive session minutes or a written explanation, with specificity, how a particular exemption applies to each redacted portion of the records. 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. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us.

Mr. Mike Welch SPR15/513 Page Three August 24, 2015 If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § 1O (a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). Once the fees are paid, you must provide the responsive records. Supervisor of Records cc: Mr. Brian Keaney