Sarah Joncas v. Department of Elementary and Secondary Education (SPR 20202007)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 2, 2020 SPR20/2007 Helene Bettencourt Records Access Officer Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148 Dear Ms. Bettencourt: I have received the petition of Sarah Joncas appealing the response 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, Ms. Joncas requested “[a]ll public records including but not limited to meeting agendas and minutes related to or created by the DESE Return to School Working Group(s) between March 7, 2020 and July 15, 2020.” The Department responded on October 14, 2020, providing responsive records. Unsatisfied with the Department’s response, Ms. Joncas petitioned this office and this appeal, SPR20/2007, 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. 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

Helene Bettencourt SPR20/2007 Page 2 November 2, 2020 Current Appeal In her appeal petition, Ms. Joncas states that she has not received two categories of records, specifically “[s]ubcommittees on which the teaching members of the RTSWG served (possibly in the areas of curriculum, standards, or teaching and learning)” and “[o]verall reports and communications of the RTSWG.” She further states that “[m]y request was comprehensive and I have still not received these items.” Based on Ms. Joncas’s petition, it is unclear whether the Department possesses additional responsive records. I find that the Department 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 Department is ordered to provide a response to Ms. Joncas, 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: Sarah Joncas