Ronald Alexander v. Natick, Town of - Public Schools (SPR 20182085)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 10, 2019 SPRlS/2085 Timothy Luff Assistant Superintendent Office of Student Services Natick Public Schools 13 East Central Street Natick, MA 01760 Dear Mr. Luff: I have received a petition from Ronald Alexander appealing the response of the Town of Natick's Public School (School) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Mr. Alexander sent a request to the School on December 21, 2018 requesting specific School credit card records. The School sent an email to Mr. Alexander with records concerning the request on December 28, 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, § 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, § 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. 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

Mr. Timothy Luff SPR18/2085 Page 2 January 10, 2018 Appeal Mr. Alexander sent an email on December 30, 2018 to the School asking if the School's response was complete. On January 7, 2019, the School responded to Mr. Alexander stating that the records were the "full and complete response to the requests you have made." The School confirmed to this Office that all responsive records in their possession were provided. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii), (b)(ii). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § 1O (b) (iii). Conclusion Based on the School's response, I find the School has met its burden in responding to Mr. Alexander's appeal request. If Mr. Alexander 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. G. L. c. 66, § lOA. Sincerely, Rebecca S. Murray Supervisor of Records cc: Ronald Alexander