Anthony J. Bilotta v. Leominster, City of - Public Schools (SPR 20160382)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 21, 2016 SPR16/382 Mr. James Jolicoeur Superintendent of Schools Leominster Public Schools 24 Church Street Leominster, MA 01453 Dear Mr. Jolicoeur: I have received the petition of Anthony J. Bilotta appealing the response of the Leominster Public Schools - Leominster High 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. Bilotta requested a copy of the 2012 football rosters for varsity, junior varsity and freshman football teams. Previous appeal This request was the subject of a previous appeal. See SPR16/270 Determination of the Supervisor of Records (May 3, 2016). In my May 3 determination, I found the School failed to respond to a request for public records, and failed to rebut any presumption that the requested records are public records. I closed the appeal with the proviso th~t the School provides a written response to Mr. Bilotta, made in accordance with the Public Records Law, its Access Regulations (Regulations) and the order. The School provided a response to this order in a letter dated May 11, 2016 and Mr. Bilotta appealed that response. 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, § 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 Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. James Jolicoeur SPR16/382 Page 2 June 21, 2016 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(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 fees are paid, a records custodian must provide the responsive records. To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination for further information. Failure to claim an exemption to withhold responsive information The School's response did not contain the specificity required in a denial of access to public records because it did not cite an exemption nor explain its applicability to the requested records. As a result, I find the School failed to satisfy its burden in responding to this records request. The School is advised that a records custodian is required to not only cite an exemption, but to specifically explain the applicability of the exemption to the requested records in order to comply with the Public Records Law and its Regulations. I understand an attorney on my staff contacted you about this matter. Order Accordingly, the School is hereby ordered to provide Mr. Bilotta with a response to the request without delay, provided in a manner consistent with this order, the Public Records Law and its Regulations. 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. Supervisor of Records cc: Mr. Anthony J. Bilotta