Melissa Ptacek v. Mount Wachusett Community College (SPR 20181144)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 14,201 8 SPRl811144 Robert E. LaBonte Vice President of Finance & Administration Mount Wachusett Community College 444 Green Street Gardner, MA 0 1440 Dear Mr. LaBonte: I have received the petition of Melissa Ptacek appealing the response of the Mount Wachusett Community College (MWCC) to a request for public records. G. L. c. 66, 8 10A; see 950 C.M.R. 32.08(1). Specifically, on July 6,2018 Ms. Ptacek requested '"tlhe full records, redacted of course as appropriate, for all discrimination cases received by MWCC during 201 3. You have previously stated that there is one case for this year, comprised of 52 pages." This request is similar to the subject of a previous appeal. See SPR181868 Determination of the Supervisor of Records (June 27,2018 ). MWCC responded on July 19,2018 by denying access to records under Exemptions (a), (b), (c), and (f) of the Public Records Law. G. L. c. 4, 8 7(26)(a)- (0- (~13 Tlze 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, fj lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 5 11 (1995) (custodian has the burden of establishing the applicability of an exemption). Current appeal In its July 19'~re sponse MWCC asserts "[allthough I have fulfilled a similar request related to this same case, I have since been informed by the College's attorney that the 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

Robert E. LaBonte Page 2 August 14,2018 you have requested are exempt from disclosure pursuant to: Family Educational Rights and Privacy Act, 20 U.S.C; 12328; 34 CFR Part 99; M.G.L. Chapter 66A; and/or M.G.L. Chapter 4, Section 7 (26) (b) (c) & (f)." As noted in her request, Ms. Ptacek acknowledges that certain portions of the records may be redacted. It is not clear which responsive records, if any, MWCC possesses. G. L. c. 66, § lO(b) (iv) (written response must"'identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based.. ."). Further, under the Public Records Law, the burden shall be upon the custodian to prove with specificity the exemption which applies. G. L. c. 66, 5 lO(b)(iv); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 51 1. MWCC did not meet its burden of demonstrating how the records are exempt, in their entirety, See Reinstein v. Police Comm'r of Boston, 378 Mass. 281,289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, 5 10(a). Conclusion Given that MWCC did not meet its burden to explain how an exemption applies to the records, MWCC is ordered to provide Ms. Ptacelc with a response provided in a manner consistent with this order, the Public Records Law, and its Regulations within 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, u Rebecca S. Murray Supervisor of Records cc: Melissa Ptacek