Richard Fioravanti v. Saugus, Town of - Public Schools (SPR 20192298)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords November 25, 2019 SPR19/2298 Superintendent David DeRousi Saugus Public Schools 23 Main Street Saugus, MA O1 906 Dear Superintendent DeRousi: I have received the petition of Richard A. Fioravanti appealing the nomesponse of the Town of Saugus-Public Schools (School) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on October 23, 2019 Mr. Fioravanti requested, "[t]he executive session and open session minutes from the School Committee meeting June 26 2019." Tlte Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmentalrecords 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.::...=.:.=,::;..,/-=-"--= 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. Conclusion Subsequent to the intervention by a staff member of the Public Record's Division, I learned that the School provided Mr. Fioravanti records responsive to his request in a letter dated November 14, 2019. In light of the School's November 14111 letter, I will now consider this administrative appeal closed. Mr. Fioravanti may appeal the substantive nature of the School's response within ninety days. See 950 C.M.R. 32.08(1). 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

SPR19/2298 Supt. David DeRousi: Page 2 November 25, 2019 Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Richard A. Fioravanti