Kate D. Boudreau v. Norwell Public Schools (SPR 20192200)

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

- Rebecca S. Murray Supervisor of Records

November 13, 2019 SPR19/2200

Warren MacCallum Public Records Officer Norwell Public Schools 322 Main Street Norwell, MA 02061

Dear Mr. MacCallum:

I have received the petition of Kate Doyle Boudreau appealing the nonresponse of the Norwell Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.MLR. 32.08(1). Specifically, Ms. Boudreau requested records regarding an identified incident, bus logs and a “plan,” Having received no response, she petitioned this office

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, § 10A(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, § 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. .

If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(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

Warren MacCallum SPR19/2200 Page 2 November 13, 2019

Order

Despite being notified of the opening of this appeal and communications from a member of the Public Records Division staff, no response has been provided. Accordingly, the School is ordered to provide Ms. Boudreau with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Rebecen Manas.

Supervisor of Records

cc: Kate Doyle Boudreau -