Timothy R. McGuire v. Somerset-Berkley Regional School District (SPR 20181756)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 6, 2018 SPRlS/1756 Ms. Robin Vaccaro Administrative Assistant to the Superintendent Somerset-Berkley Regional School District 580 Whetstone Hill Road Somerset, MA 02726 Dear Ms. Vaccaro: I have received the petition of Tim McGuire appealing the response of the Somerset Berkley Regional School District (School) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. McGuire made a public records request to the School on May 17, 2018. The School provided a responsive email which was sent to Mr. McGuire on October 9, 2018. Mr. McGuire appealed the response to this office on October 22, 2018 stating the School failed to provide responsive records without explanation after Mr. McGuire paid the School a fee. The School provided Mr. McGuire with a response on November 15, 2018 which he appealed to this office on November 23, 2018. 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, § lOA(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, § 1 O(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. G. L. c. 66, § lO(b)(iv). 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

Ms. Robin Vaccaro SPR18/1756 Page 2 December 6, 2018 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. A records access officer may suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably. See G. L. c. 66, § lO(b)(vii). Appeal The School explained to Mr. McGuire in its November 15th response that "[t]he District has already provided you with all of the documents it has responsive to your records request." Mr. McGuire stated in his November 23rd appeal that the School has not produced "175 pages of responsive material" which he had requested. The School indicated in their November 15th response "[t]he District identified approximately 175 pages of potentially responsive emails which the Public Records Supervisor agreed in an August 13, 2018 opinion the District had the right and responsibility to redact, and therefore a segregation and redaction fee was appropriate." It is not clear what, or if, there are documents that will be produced to Mr. McGuire and how the documents pertain to his public records request. See G. L. c. 66, § 1 O(b )(ii); 1 O(b )(iii). If the School is withholding the requested information it must identify the record(s) withheld under each exemption and explain why the exemption applies. See G. L. c. 66, § 1O (b )(iv) (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); See Reinstein, 378 Mass. at 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 discloswe. 6. L. c. 66, § lO(a). This office encourages both parties to communicate further if needed. The School may ask Mr. McGuire for a more refined search in order for the School to provide the responsive records in a more efficient manner. See G. L. c. 66, § lO(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce records sought more efficiently and affordably). Conclusion Accordingly, the School is ordered to provide a response consistent with this determination, the Public Record Law, and its Regulation within ten business days. A copy of 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.

Ms. Robin Vaccaro SPR18/1756 Page 3 December 6, 2018 Sincerely, Rebecca S. Murray Supervisor of Records cc: Tim McGuire