Danielle Woessner v. Athol-Royalston Regional School District (SPR 20200193)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 7, 2020 SPR20/0193 Darcy Fernandes Superintendent Athol-Royalston Regional School District 1062 Pleasant Street Athol, MA 01331 Dear Superintendent Fernandes: I have received the petition of Danielle Woessner appealing the response of the Athol Royalston Regional School District (District) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on January 22, 2020, Ms. Woessner requested "[a] copy of any and all videos, including time stamps that involve transfer of [a n identified individual] at Athol Community Elementary School on December 18, 2019 between the hours of 11 :OOarn to 1 :OOpm. This should include the videos from nursing office hallway, Kindergarten hallway, and back staircase. If a video of 1st grade hallway can provide visual of outside the 'calm down' room please include that as well." The District responded on January 31, 2020, denying access to responsive records. Unsatisfied with the District's response, Ms. Woessner petitioned this office and this appeal, SPR20/0193, 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). 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 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. 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

Superintendent Darcy Fernandes SPR20/0193 Page2 February 7, 2020 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Subsequent to the opening of this appeal, this office was notified on February 6, 2020, that the District provided Ms. Woessner with the requested record on February 5, 2020. Conclusion Accordingly, where Ms. Woessner has received the requested record, I will consider this administrative appeal closed. Ms. Woessner may appeal the substantive nature of the District's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Danielle Woessner