Rick Paris v. Mount Greylock Regional School District (SPR 20191909)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S, Murray Supervisor of Records

October 2, 2019 SPR19/1909

Stacie A. Vigiard -

Records Access Officer _

Mount Greylock Regional School District 1781 Cold Spring Rd.

Williamstown, MA 01267

Dear Ms. Vigiard:

I have received the petition of Rick Paris appealing the response of the Mount Greylock Regional School District (District) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on August 14, 2019 Mr. Paris requested “[c]opies of all emails, texts, and/or phone conversations between Superintendent Kim Grady and Principal Wiley pertaining to Lanesborough Elementary School and any pertaining to Rick Paris in the month of August 2018.” |

Previous appeal

This request was the subject of a previous appeal. See SPR19/1736 Determination of the Supervisor of Records (September 10, 2019). In my September 10" determination I ordered the District to provide Mr. Paris with a response to the request, in a manner consistent with the order, the Public Records Law and its Regulations.

The District responded on September 16, 2019. Unsatisfied with this response, Mr. Paris appealed and SPR19/1909 was opened as a result.

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).

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

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Stacie A. Vigiard SPR19/1909 Page 2 October 2, 2019

‘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, § 10(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

In a response dated August 26" the District indicated “[y]ou previously requested the information in your current request as part of a larger request on June 19, 2019. You received an estimate of the cost associated with providing the requested information. If you wish to appeal this matter, you may do so by appealing the decision to the Public Records Division.”

In my September 10" determination I found it was unclear how Mr. Paris’s August 14" request was part of a larger request. I further noted that upon a review of the file for the appeal, it appeared Mr. Paris’s August 14" request was a new request that required a response in compliance with G. L. c. 66, § 10(b)(i)-(ix). I required the District must provide such a response.

In its September 26" the District provides additional information to support its position that the August 14" request was part of a larger request. You indicate “[y]our June 18, 2019 request covered the time period of June 2018 through September 2018 as stated above. In response to your request, on July 1, 2019 the District sent its public records response [].” I understand that Mr. Paris’s June 18" request sought, in part, the following records:

Copies of all emails, texts and or phone conversations between Superintendent [K]im Grady and principal Wiley pertaining to [L]anesboro Elementary school and any pertaining to Rick Paris form June 2018 thru (sic) Sept 2018.

The August 14" request at issue in this appeal seeks:

Copies of all emails, texts, and/or phone conversations between Superintendent Kim Grady and Principal Wiley pertaining to Lanesborough Elementary School and any pertaining to Rick Paris in the month of August 2018.”

The District asserts “[a]s this information is covered by the above-referenced June 18, 2019 request, which you were given a fee estimate for on July 1, 2019 (and did not pay), your request was denied as it was part of a larger request.” In his current appeal petition Mr. Paris contends that his August 14" request is a new request.

Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days of receipt of the request. G. L. c. 66, § 10(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § 10(b).

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Stacie A. Vigiard . SPR19/1909 Page 3 October 2, 2019

It appears Mr. Paris’s August 14"" request limits the relevant timeframe to records created only in August 2018 as opposed to June 2018 through September 2018 as described in his June 18" request. This modification may allow the District to provide records more efficiently and affordably. See G. L. c. 66, § 10(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 the records sought more efficiently and affordably).

I find that the August 14'" request is a new request that requires a separate response in compliance with G. L. c. 66, § 10(b)(i)-(ix). The District must provide such a response. G. L. c. 66, § 10(b).

Conclusion

Accordingly, the District is ordered to provide Mr. Paris with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of any 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.

Sincerely,

Rebecca S. Murray Supervisor of Records

ec: Rick Paris