Jorge Teixeira v. Weymouth, Town of - Public Schools (SPR 20171202)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 13, 2017 SPR17/1202 Eileen Pitts Secretary to the Superintendent Weymouth Public Schools 111 Middle Street Weymouth, MA 02189 Dear Ms. Pitts: I have received the petition of Jorge Teixeira appealing the nonresponse of the Weymouth Public Schools (School) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Teixeira requested identified settlement agreements. Indicating he received no response, Mr. Teixeira petitioned this office. 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, § 10A(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, § 1O (b ); 950 C.M.R. 32.06(3); 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. a If there are any fees associated with a response written, good faith estimate must be provided. G. L. c. 66, § 1 O(b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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

Eileen Pitts SPR17/1202 Page 2 September 13, 2017 Order I find the School has not met its burden in demonstrating it properly responded to a request for public records. The School was provided with Mr. Teixeira's request as well as an acknowledgment from this office dated August 31, 2017 providing notice that a public records appeal had been opened. Accordingly, the School is hereby ordered to review the request made by" Mr. Teixeira and provide him a written response, made in accordance with the Public Records Law, its Access Regulations and this order within ten (10) business days. 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, Rebecca S. Murray Supervisor of Records cc: Jorge Teixeira