Collin Dias v. Fall River, City of - Public Schools (SPR 20180914)

The Commonwealth of Massachusetts William Francis Calvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 5,2018 SPRl81914 Rebecca Caron Executive Assistant to the Superintendent of Schools Fall River Public Schools 4 17 Rock Street Fall River, MA 02720 Dear Ms. Caron: I have received the petition of Collin Dias appealing the response of the City of Fall River Public Schools (School) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, on June 5,2018 Collin Dias requested the following records: The recorded minutes from the School Committee April 9th meeting. The recorded minutes from the School Committee April 9th executive session meeting. All emails or other communications between any member of the School Committee and Corporation Counsel Judge Macy mentioning or relating to Collin Dias. The School initially responded in a letter dated June 18,201 8 and Mr. Dias appealed the School's responses to requests 2 and 3. 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, 5 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, 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 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. 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

Rebecca Caron Page 2 July 5,2018 Attorney for the Norfolk Dist. v. Flatley, 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. Current appeal The School's June 18'" response indicates "any existing documents that are within our possession, custody, or control, and that are responsive to your request, are attached." The School provided redacted copies of responsive executive session minutes. You also explain that the recorded minutes of the School Committee's April 9" meeting are available online on the School's website. With respect to request 3 the School explains "[tlhere were no public records found responsive to your request for 'All emails or other communications between any member of the School Committee and Corporation Counsel Judge Macy mentioning or relating to Collin Dias."' In his appeal petition Mr. Dias notes he recieved the redacted executive session minutes "without listing or explaining any exemptions." He asks this office "to order the public schools to give me an unredacted version of the record requested, or to give me a properly lessened redacted version." With respect to request 3, Mr. Dias refers to a previous letter and indicates "Judge Macy admitted to being in contact with the school committee over a Records Request I made. So there is most likely a record available to my third request." Subsequent to the filing of this appeal, the School provided a supplemental response on June 22,20 18. In this response the School explains it "has conducted searches for documents responsive to this request and none were found." 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, 5 lO(a)(ii). Accordingly, in light of the School's June 1g tha nd June 22ndr esponses, I find it has met its burden in responding to request With respect to the redacted executive session minutes, the School explains "the redacted portions contain information relative to strategy involved in the collective bargaining process relative to all administrators and employees represented by the Fall River Administrator's Association and the Fall River Educator's Association. The redacted portion of the minutes containing information relative to Certified Occupational Therapists is also exempted from disclosure under M.G.L. c. 4 5 7(26)(a), as it pertains to the collective bargaining agreements and is subject to statutory exemption under G.L. c. 30A 5 22(f)[-](g)." You also indicate the redacted material includes attorney-client privileged communications.

Rebecca Caron Page 3 July 5,2018 Open Meeting Law To the extent that Mr. Dias's appeal relates to the release of executive session minutes, please note these issues potentially invoke the Open Meeting Law. Given that an interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office, I decline to provide a determination as to the content of the executive session minutes. &G. L. c. 30A, 5 23. It is recommended that the parties contact the AGO should they seek a determination on this issue. Sincerely, Rebecca S. Murray Supervisor of Records cc: Collin Dias