Sarah Joncas v. Department of Elementary and Secondary Education (SPR 20201924)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 20, 2020 SPR20/1924 Helene Bettencourt Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148-4906 Dear Helene Bettencourt: I have received the petition of Sarah Joncas appealing the nonresponse of the Department of Elementary and Secondary Education (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on July 30, 2020, Ms. Joncas requested, “contracts or agreements of collaborations between DESE and any medical doctor(s) between February 1, 2020 and 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. I learned that the Department provided Ms. Joncas a response dated October 14, 2020. The Department’s October 14th letter notes, “attached please find the requested records that 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

SPR20/1924 Helene Bettencourt Page 2 October 20, 2020 would not open correctly. They are also posted in the DESE public records system in case you would like to reference them there.” Conclusion Ms. Joncas subsequently petitioned this office appealing the substantive nature of the Department’s response. See 950 C.M.R. 32.08(1). The substantive nature of the response will be reviewed in SPR20/2007. Accordingly, I will consider this appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Sarah Joncas