Lisa Scher v. Brookline, Town of - Public Schools (SPR 20201592)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 16, 2020 SPR20/1592 Susan McCormick-de Boer Brookline Town Public Schools 333 Washington Street Brookline, MA 02445 Dear Ms. McCormick-de Boer: I have received the petition of Lisa Scher appealing the nonresponse of the Brookline Public Schools (School) to her request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Scher submitted a request for certain records between identified individuals. Claiming to not yet have received a response, Ms. Scher petitioned this office and this appeal 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, § 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

Susan McCormick-de Boer SPR20/1592 Page 2 September 16, 2020 Order Subsequent to the intervention by a staff member of the Public Records Division, this office was notified that a response was provided, dated August 20, 2020. Whereas this matter was opened based upon the School’s lack of a written response, I will now consider this administrative appeal closed Ms. Scher may appeal the substantive nature of the School’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Lisa Scher