Christine McCue Potts v. Medfield, Town of - Public Schools (SPR 20202001)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 28, 2020 SPR20/2001 Kristine Trierweiler Town Administrator Town of Medfield 459 Main Street Medfield, MA 02052 Dear Ms. Trierweiler: I have received the petition of Christine McCue Potts appealing the response of the Town of Medfield (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Potts requested: 1. “All Dale Street School Building Committee records related to all working group meetings from 3/30/2020 to 9/9/2020, including Zoom meeting tapes, agendas, minutes and documents from 3/30/2020 to 9/9/2020; please be sure to include e-mails related to schedule, survey, communications, community engagement, Quad takeaway and site selection. (It was noted at last night’s 9/9/2020 SBC meeting that “as many working group meetings have been held as open meetings on this project.”) 2. A copy of all ThoughtExchange 2020 teacher survey results on grade configuration. School Committee member Meghan Glenn recently mentioned at the SC meeting/forum that she had read those survey results.; results were also summarized and shared with MSBA in the PDP document. The Public Records Division has determined with other requests that there is no legal basis for withholding these types of records once shared with third parties.” The Town responded on October 6, 2020, providing records responsive to portions of the requests. Unsatisfied with the Town’s response, Ms. Potts petitioned this office and this appeal, SPR20/2001, 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 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

Kristine Trierweiler SPR20/2001 Page 2 October 28, 2020 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. Current Appeal In her appeal petition, Ms. Potts states that the Town’s October 6th response “provided all of the requested documents, except for ‘e-mails related to schedule, survey, communications, community engagement, Quad takeaway and site selection’ from 3/30/2020 to 9/9/2020….” She further explains that “[t]he outstanding records not yet received are…[e]-mails related to Dale Street School project schedule, survey, communications, community engagement, Quad takeaway and site selection from 3/30/2020 to 9/9/2020 [and] [a] copy of all ThoughtExchange 2020 teacher survey results on grade configuration.” Based on Ms. Pott’s petition, it is unclear whether the Town possesses additional responsive records. I find that the Town must clarify this matter. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § l0(a)(ii). To the extent that additional records exist, they must be provided in a manner consistent with the Public Records Law. See G. L. c. 66, § 10(b). Conclusion Accordingly, the Town is ordered to provide a response to Ms. Potts, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Christine McCue Potts