Matthew Rocheleau v. North Adams, City of - Public Schools (SPR 20200606)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 14, 2020 SPR20/0606 Michael J. Canales North Adams City Administrator 10 Main Street North Adams, MA 01247 Dear Michael J. Canales: I have received the petition of Matthew Rocheleau appealing the nonresponse of the City of North Adams (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on February 14, 2020, Mr. Rocheleau requested, “[a]ny/all settlement agreements regarding the provision of special education service(s) and/or educational placement(s) for students with disabilities entered into by your school district with parent(s)/guardian(s) from Jan. 1, 2010 through present.” 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

Michael J. Canales SPR20/0606 Page 2 April 14, 2020 Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that the City is aware of this appeal and is working on a response. As of the date of this letter it is my understanding that the City has not provided a response. Accordingly, the City is ordered to provide Mr. Rocheleau with a written response. Said response must be made in accordance with the Public Records Law, its Access Regulations and this order as soon as practicable. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Rocheleau may appeal the substantive nature of the City's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Matthew Rocheleau