Margaret Pinkham v. Milford, Town of - Public Schools (SPR 20181708)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supen•isor of Records November 30, 2018 SPR18/1708 Supt. Kevin McIntyre Town of Milford - Public Schools 31 W. Fountain Street Milford, MA 01757 Dear Supt. McIntyre: I have received the petition of Margaret Pinkham, Esq. appealing the response of the Town of Milford Public Schools (Town) to a request for public records. G. L. c. 66, § !OA; see also 950 C.M.R. 32.08(1). Specifically, Attorney Pinkham's client requested records related to the school district financial information and school committee warrants. The Town responded to his request permitting him to inspect the records in person, requiring him to submit a Criminal Offender Record Information (CORI) check and denying his request to inspect the records while accompanied by his attorney and three certified public accountants (CPAs). 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, § 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). 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (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

Supt. Kevin McIntyre SPR18/1708 Page2 November 30, 2018 I11spectio11 of a public record In Attorney Pinkham's petition for appeal, she requests that this office: 1) order that Mr. Rhodes may be accompanied by up to four other persons to review the documents that are the subject of the September 19, 2018 request in order to determine what documents will be selected for copying and production; 2) order that the Town cease and desist its practice of requiring requesters to submit a CORI check as a condition of reviewing public documents; 3) order that the Town produce the documents that are the subject of the September 19, 2018 request in a location with a table and sufficient space for up to four persons to review documents, and that the location be made available for three consecutive days. With respect to inspection of public records, the Public Records Law states that: a records access officer appointed pursuant to section 6A, or a designee, shall at a reasonable times and without umeasonable delay permit inspection or furnish a copy of any public record as defined in clause twenty-sixth of section 7 of chapter 4, or any segregable portion of a public record, not later than 10 business days following the receipt of the request. .. G. L. c. 66, § !O(a). Fmther, a records access officer must permit inspection of all public records within the custody and control of the custodian at reasonable times and without umeasonable delay, provided that the requester must reasonably describe the public records sought. 950 C.M.R . . 32.06(2)(a); G. L. c. 66, § lO(a)(i). A records access office shall not require a paiticular form be used by requesters making a public records request. 950 C.M.R. 32.06(1 )(b ). Accordingly, the Town is not permitted to require requesters of public records to submit CORI checks as a condition of inspecting public records. This office recommends the Town review the policies and procedures of CORI and the iCORI system set in place by the Department of Criminal Justice Information Services (DCJIS). For further assistance, a DCJIS representative can be reached at 617-660-4600. The Supreme Judicial Com1 of Massachusetts has previously found that "[n]o one person can take possession of the registry or monopolize the record books so as to interfere unduly with the work of the office or with the exercise of equal rights by others, and the applicant must submit to such reasonable supervision on the part of the custodian as will guard the safety of the records and secure equal oppo1tunity for all." Direct Mail Service, Inc. v Registrar of Motor Vehicles, 293 Mass. 353, 357-358 (1937). With this in mind, this office finds that the Town is permitted to conduct reasonable supervision ofrequestors inspecting records so far as to "guard the safety of the records and secure equal oppo1tunity for all." Specifically, with respect to Attorney Pinkham's request related to the marmer in which the records are made available for inspection, this office recommends the Town communicate with the requestor to arrange to inspect a hard copy of the requested records at a mutually convenient time and location.

Supt. Kevin McIntyre SPR18/1708 Page 3 November 30, 2018 Additionally, the parties are advised that under the Public Records Law's regulations, "as an alternative to obtaining copies of records from a records access officer a requester shall be permitted ... use a personal device such as a camera or p01table scanner to copy records." 950 C.M.R. 32.07(1)(b). The Town is not permitted to charge a fee for copies made by the requestor using his or her own device. See G. L. c. 66, § !O(d); 950 C.M.R. 32.07(2). I understand a Public Records Division staff attorney contacted your office about this matter. Co11clusio11 Accordingly, the Town is ordered to communicate fi.uther with Attorney Pinkham in order to facilitate the requestor' s inspection of the requested records in a manner consistent with this determination, the Public Records Law and its Regulations within ten business days. If Attorney Pinkham is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, /lJwA Rebecca S. Murray Supervisor of Records cc: Margaret Pinkham, Esq.