Wayne A. Perkins, Esq. v. Executive Office of Education - Department of Early Education and Care (SPR 20160986)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records November 23,2016 SPR16/986 Felicia Sullivan, Esq. General Counsel Department of Early Education and Care 51 Sleeper Street Boston, MA 02210 Dear Attorney Sullivan: I have received the petition of Wayne Perkins appealing the response of the Department of Early Education and Care (EEC) to a September 12, 2016 request for public records. G. L. c. 66 § IO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Perkins requested a copy ofrecords that identify certified teachers and assistants, their Early Education and Care certifications and their mailing addresses for those located in the Greater Boston and North of Boston districts. An EEC staff member offered to provide the records, but would withhold mailing addresses. Mr. Perkins appealed. Status ofthe requester and reason for the request In his request, Mr. Perkins indicated he is "one of the owners" of a "large group child care center." Mr. Perkins also explained his purpose in requesting the records. The Public Records Law does not distinguish between requesters. Mr. Perkins' is advised that his personal interest and reasons for requesting the responsive records offers him no greater right of access than any other requester. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). 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). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Felicia Sullivan, Esq. SPR16/986 Page 2 November 23,2016 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. Present appeal In a September 22, 2016 email, an EEC staff member offered to provide records, however, with respect to the addresses she indicated, "address information for educators cannot be provided." Ms. Louis failed to cite any exemption to the public records law to support this withholding. An attorney on my staff telephoned you on November 7, 2016 to discuss the appeal, but was unable to connect with you. It is my understanding that a voice mail message was left for you, instructing EEC that a detailed response must be provided specifying an exemption in order to withhold the "mailing addresses" on the records provided to Mr. Perkins. An email to you dated November 7, 2016 followed to confirm the content ofthis voicemail message. Order I find EEC failed to properly respond to a request for public records. EEC's response failed to cite an exemption, as required by the Public Records Law. Accordingly, EEC is hereby ordered to provide Mr. Perkins with a detailed response to the request, 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 lectronic copy of this response to this office at pre@sec.state.ma.us. cc: Wayne Perkins