Anthony J. Bilotta v. Leominster, City of - Public Schools (SPR 20160644)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 26, 2016 SPR16/634; SPR16/641; SPR16/642; SPR16/643; SPR16/644 Mr. Jim Jolicoeur Superintendent of Schools Leominster Public Schools 24 Church Street Leominster, MA 01453 Dear Superintendent Jolicoeur: I have received the petition of Anthony J. Bilotta appealing the response of Leominster Public Schools (School) to requests for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Bilotta requested copies of School records regarding several sports programs (SPR16/634 -lacrosse), (SPR16/641-ice hockey), (SPR16/642-football), (SPR16/643-baseball), (SPR16/644-scheduling of games and practices). Mr. Bilotta appealed the School's response to these requests. 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). 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. 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). To meet the specificity requirement a custodian must not only OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Jim Jolicoeur SPR16/634; SPR16/641; SPR16/642 Page 2 SPR16/643; SPR16/644 August 26, 2016 cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Unclear if the School provided all responsive records in its possession The School responded to Mr. Bilotta's requests in an email dated June 24, 2016. In this response the School provided certain records but also informed Mr. Bilotta that "a majority of the records requested by [Mr. Bilotta] are in regard to booster clubs that are separate organization from the City." You further state "the [School] has no control over these organizations and cannot provide the detailed information that you have requested." You also explain that you "have not received any information from the football, ice hockey, and lacrosse organizations." Although the School has provided Mr. Mr. Bilotta with some records, it is unclear if it possesses any other records responsive to his request. See 950 C.M.R. 32.03 (defining "custodian" as the government employee who in the normal course of her duties has access to or control over records). It is important to note that the duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). Therefore, the School must inform Mr. Bilotta whether all records responsive to each request have been provided. In addition, the School must clarify whether any responsive records have been withheld. District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian must offer specific proof an exemption applies). I understand an attorney on my staff contacted your office about this matter and provided copies of the requests associated with these appeals. I further understand that the School intends to provide a supplemental response to Mr. Bilotta's requests. Conclusion Accordingly, I will consider these appeals closed with the proviso that the School provides Mr. Bilotta a supplemental response addressing each request, 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