Melissa Ptacek v. Greenfield Community College (SPR 20181236)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 30, 2018 SPRlS/1236 James R. Brown Interim Director of Human Resources Department of Human Resources Greenfield Community College One College Drive Greenfield, MA 01301 Dear Mr. Brown: I have received the petition of Melissa Ptacek appealing the response of the Greenfield Community College (College or GCC) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Ptacek requested "records relating to cases filed with GCC's Affirmative Action Office/Title IX Office (and related offices/individuals) for the past 10 years." On June 26, 2018 Ms. Ptacek indicated she is seeking "the records for 2017, excluding my own." The College responded on July 10, 2018 by denying access to records under Exemptions (a), (b), (c), and (f) of the Public Records Law. G. L. c. 4, § 7(26)(a)-(c), (f). 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, § IOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical orm or characteristics, made or received by any officer or employee of any town ofl~e-------- 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, § lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Current appeal Subsequent to the opening of this appeal, this office was informed that the College provided a supplemental response to Ms. Ptacek dated August 28, 2018 that explains "[p]lease be advised that we have given further consideration of your request and determined that the College 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

James R. Brown SPR18/1236 Page 2 August 30, 2018 will provide the records you requested to the extent such records exist." You also note "[w]e anticipate the requested records will require redaction before being forwarded to you. It will take approximately two-three weeks to locate records and redact information. While the time to locate records and redact information will likely take more than four hours the College has decided not to assess a fee. The College, however, reserves the right to assess a fee pursuant to the public records law if the time required to comply with your request proves to exceed four hours by more than currently estimated." Whereas this appeal was opened due to the College's initial denial of access to records, and in light of the College's August 28th letter that indicates it will now provide responsive records, I will consider this administrative appeal closed. Please note any future responses must be provided in a manner consistent with the Public Records Law and its Access Regulations. Ms. Ptacek may appeal the substantive nature of the College's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Melissa Ptacek