George P. King, Jr. v. Department of Elementary and Secondary Education (SPR 20190886)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 15, 2019 SPR19/886 Helene Bettencourt Department of Elementary and Secondary Education 7 5 Pleasant Street Malden MA, 02148-4906 Dear Helene Bettencourt: I have received the petition of George King appealing the non-response of the Department of Elementary and Secondary Education (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on April 12, 2019, Mr. King requested various categories ofrecords concerning "the FY19 assessment of the Nashoba Regional School District as it relates to allocations among the member communities and the proper application of the minimal local contribution." Mr. King further notes he seeks "any documents between March 1, 2018 and today." The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public re.cords. 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. Current Appeal Subsequent to the intervention by a member of the Public Records Division, I learned that the Department provided Mr. King a response dated May 13, 2019. 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

SPR19/886 Helene Bettencourt Page 2 May 15, 2019 Conclusion In light of the Department's May 13th letter, I will now consider this administrative appeal closed. Mr. King may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: George King