David Young v. Pioneer Valley Regional School District (SPR 20200412)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 28, 2020 SPR20/0412 Joanne Wallace Administrative Assistant to the Superintendent Pioneer Valley Regional School District 97 F. Sumner Turner Road Northfield, MA 01360 Dear Joanne Wallace: I have received the petition of David Young appealing the non-response of the Pioneer Valley Regional School District (District) to a request for public records. G. L. c. 66, § IOA; see also 950 C.M.R. 32.08(1). Specifically, on February 6, 2020, Mr. Young requested four categories of records concerning the District. 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, § IO(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. Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that the District provided Mr. Young records responsive to his request. In light of the provision of records, I will now consider this administrative appeal closed. 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

SPR20/0412 Joanne Wallace Page 2 February 28, 2020 Mr. Young may appeal the substantive nature of the District's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~a~ Supervisor of Records cc: David Young