Peter F. Winters v. Old Rochester Regional School District (SPR 20170508)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 1, 2017 SPR17/508 Jonathan D. Witten, Esq. Huggins and Witten, LLC 15 6 Duck Hill Road Duxbury, MA 02332 Dear Attorney Witten: I have received the petition of Attorney Peter Winters appealing the withholding of records by the Old Rochester Regional School District (School District). G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Attorney Winters requested a copy of all records concerning gifts made to Sippican School, including the identity of the donor(s) of the gift(s). The School District continues to deny the request for the identity of the donor(s), stating that gifts were made "anonymously" and that the records/data sought in the request are by necessary implication exempt from disclosure by G. L. c. 40, § 3 and G. L. c. 71, § 16(i). Attorney Winters appealed and this office opened the current appeal, SPRl 7/ 508. After not receiving an adequate explanation from the School District fully supporting why the redacted donor information may be withheld, this office ordered the release of the responsive record. See SPR16/1008 Determination of the Supervisor of Records (November 17, 2016). On January 13, 201 7, the School District provided Attorney Winters with records, redacting the identifying information of the donor of the monetary gift. Attorney Winters informed this office that he objects to this response. Prior appeals The records were the subject of three prior appeals and determinations by this office. See SPR16/264 Determination of the Supervisor of Records (May 2, 2016); SPR16/709 Determination of the Supervisor of Records (September 16, 2016); SPR16/1008 Determination of the Supervisor of Records (November 17, 2016). In these determinations, the Supervisor ordered the School District to provide a detailed response to support its claim to withhold the donor's identity, however, the School District continues to merely restate its prior responses. 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

Jonathan D, Witten, Esq. SPRl 7/508 Page 2 May 1, 2017 Order I find the School District has not met its burden in properly responding to the request for public records or in complying with the Supervisor's determination on November 17, 2016. Accordingly, the School District is ordered to provide Attorney Winters with the responsive records within ten business days, in a manner consistent with this order, the Public Records Law and its Regulations. Failure to comply with this order may result in referral to the Office of Attorney General for enforcement. 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. Sincerely, ~ a y ~ Supervisor of Records cc: Jonathan Witten, Esq. Peter F. Winters, Esq.