Timothy R. McGuire v. New Bedford, City of - Public Schools (SPR 20181870)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 12, 2018 SPRlS/1870 Heather Emsley City of New Bedford Public Schools 455 County Street, Room 101 New Bedford, MA 02740 Dear Ms. Emsley: I have received the petition of Timothy McGuire appealing the response of the City of New Bedford Public Schools (School) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. McGuire requested "[all] documents, including e-mails distributed by the faculty advisor to the New Bedford High School Gay-Straight Alliance ('GSA') to students who are members of that group. This request is limited to materials distributed since January 2017 and is further limited to documents which were sent to more than one student member of the GSA." Previous appeal This request was the subject of a previous appeal. See SPR18/1239 Determination of the Supervisor of Records (August 20, 2018). I closed SPR18/1239 upon notification that the School provided a written response to Mr. McGuire. 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, § 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 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

Heather Emsley SPR18/1870 Page2 December 12, 2018 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. Current appeal The School provided another response to Mr. McGuire in a letter dated September 26, 2018. In its September 26th response, the School includes a fee estimate. In a letter dated November 1, 2018, Mr. McGuire indicates he provided the School with a check in the amount of the estimated fee. On November 24, 2018, Mr. McGuire appealed to this office indicating that he paid the School's fee, but had not yet received a response or responsive records from the School. On November 24, 2018, the School provided another response to Mr. McGuire and this office asserting that the School had mailed Mr. McGuire's check back to him with "a detailed letter as to the findings after searching the advisors emails in their entirety." The School additionally stated that it would provide another copy of the letter to Mr. McGuire via electronic mail. Conclusion Whereas this matter was opened based upon the School's failure to provide a written response or responsive records to Mr. McGuire, I will now consider this administrative appeal closed. Mr. McGuire may appeal the substantive nature of the School's response within ninety days. 950 C.M.R. 32.08(1). Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Tim McGuire