Michael DiPronio v. Natick, Town of - Public Schools (SPR 20160460)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 19,2016 SPR16/460 Mr. Timothy Luff Director of Student Services Town ofNatick-Public Schools 13 East Central Street Natick, MA 01760 Dear Mr. Luff: I have received the petition of Michael DiPronio appealing the response of the Town of Natick-Public Schools (School District) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, in a previous appeal, Mr. DiPronio requested four (4 ) categories of records. In this appeal Mr. DiPronio seeks a response from the School District with respect to its response to his request for records. 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 District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Present appeal In a July 19, 2016 telephone conversation you explained that certain requested records do not exist. You further stated that other records would be provided as they recently were made available to you. Finally, you explained that records provided in redacted form and others that were withheld must remain redacted or withheld. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Timothy Luff SPR16/460 Page 2 July 19,2016 Order I find the School District must provide a final response to Mr. DiPronio with respect to each of his requests, providing information in this written response in a form consistent with our July 19 telephone conversation. Accordingly, I will consider this appeal closed with the proviso that the School District provide Mr. DiPronio such a written response, prepared 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. Shawn A. Williams Supervisor of Records cc: Mr. Michael DiPronio