Anthony J. Bilotta v. Leominster, City of - Public Schools (SPR 20160787)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 18, 2016 SPR16/787 Mr. James R. Jolicoeur Superintendent of Schools City of Leominster - Public Schools 24 Church Street Leominster, MA 01453 Dear Superintendent Jolicoeur: I have received the petition of Anthony J. Bilotta appealing the September 20, 2016 response of the City of Leominster - Public Schools (School) to requests for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). This appeal is a continuation of several previously closed appeals between Mr. Bilotta and the School. Specifically, Mr. Bilotta requested copies often (10) categories of records regarding softball raffles and other student activities (SPR16/396), and records regarding several sports programs (SPR16/634 -lacrosse), (SPRl 6/641 - ice hockey), (SPRl 6/642 - football), (SPRl 6/643 - baseball) and (SPRl 6/644 - scheduling of games and practices). Mr. Bilotta was provided with some of the responsive records, however in my August 26, 2016 determination, I ordered the School to provide a detailed, supplemental response that addresses each of the records requested, what records of those that have been provided and specifically explain what records have not been provided and why. Prior to issuing my August determination, an attorney on my staff contacted you, providing the School with copies of all Mr. Bilotta' s requests to enable the School to craft a detailed response. I ordered the School to provide Mr. Bilotta with a copy of any revised response; however, it does not appear that the School did so. In any event, I find that the School has failed to meet its statutory and regulatory obligations and has failed to comply with my administrative order. Status of the requester-reason for the request Please be advised that the Public Records Law does not distinguish between requesters. Mr. Bilotta's personal interested in the matter has no bearing on whether the records may be sought under the Public Records Law. The right of requesters to inspect and obtain copies of public records is a clear statutory mandate. See G. L. c. 66, § 1O (a) (any person may receive or inspect a copy: of a P,ublic record). see also Bou~as v. Chief of ~glicf of Lexing!<Jt], 3(71 Mas_!S.. OneAshburton Place, Room 1719, Bostoll,lVIassac usetts 02108 · 17 727-2832~ ax 617) !LI-5 91 4 www.sec.state.ma. us/ pre

Mr. James R. Jolicoeur SPR16/787 Page2 October 18, 2016 59, 64 (1976) (the public records statute does not provide a "standing requirement" but extends the right to examine to "any person" whether intimately involved with the subject matter of the records he seeks or merely motivated by idle curiosity." 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, § lO(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, § IO(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 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, § IO( 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 ofrecords 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. Order I find the School has failed meet its statutory and regulatory obligations under the Public Records Law by failed to respond to requests for public records. Accordingly, the School is hereby ordered to provide Anthony J. Bilotta with a response to each of the requests, within ten

Mr. James R. Jolicoeur SPR16/787 Page 3 October 18, 2016 (10) days, 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 re s c.state.ma.us. isor of Records cc: Mr. Anthony J. Bilotta