Samara Abramson v. Pioneer Valley Regional School District (SPR 20180175)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 22,20 18 SPR181175 Gail E. Healy Assistant Superintendent Pioneer Valley Regional School District 97 F. Sumner Turner Road Northfield, MA 013 60 Dear Ms. Healy: I have received the petition of Samara Abramson appealing the response of the Pioneer Valley Regional School District (District) to a request for public records. G. L. c. 66 5 10A; see 950 C.M.R. 32.08(1). Specifically, Ms. Abramson requested records regarding W arwick &Q Community School. Although inspections were provided to Ms. Abramson, she believed additional responsive documents existed. 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, § 1O A(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, 5 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, 5 lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attornev for the Norfolk Dist. v. Flatlev, 419 Mass. 507, 51 1 (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. Determination In the District's February 8,2018 supplemental response to Ms. Abramson, it confirms that after an extensive search, all responsive records have been provided. Under the Public Records Law, the District is not required to create a record in response to a public records One Ashburton Place, Room 17 19, Boston, Massachusetts 02 108 (6 17) 727-2832. Fax: (6 17) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Gail E. Healy Page 2 February 22,20 18 request. See G. L. c. 66, $ 6A(d). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. G. L. c. 66, $ 10(a)(ii). Given that the District does not possess any additional records, accordingly, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray V Supervisor of Records cc: Samara Abramson