Christopher Pinardi v. Gill-Montague Regional School District (SPR 20170329)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 23, 2017 SPR17/329 Michael Sullivan, Superintendent Gill-Montague Regional School District 3 5 Crocker A venue Turners Falls, MA 01376 Dear Superintendent Sullivan: I have received the petition of Christopher Pinardi appealing the response of the Gill Montague Regional School District (District) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Pinardi requested all correspondence from and to Superintendent Sullivan and from or to all school committee members regarding a specifically identified topic. The District responded to Mr. PiQ.ardi's request addressing attorney client privilege and the federal records law. 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, § lOA(d); 950 C.M.R. 32.03(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, § lO(b)(iv), 950 C.M.R. 32.06(3); see also Dist. 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. Conclusion Subsequent to the intervention by a member of my staff, this office was notified that a revised response was provided, dated March 22, 2017. I will now consider this administrative 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

Michael Sullivan, Superintendent SPRl 7/329 Page 2 March 23, 2017 appeal closed. Mr. Pinardi may appeal the substantive nature of the District's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ~UIT~ Supervisor of Records cc: Christopher Pinardi