Lisa Morris v. Department of Early Education and Care (SPR 20202458)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 22, 2020 SPR20/2458 Denise J. Karlin, Esq. Department of Early Education and Care 51 Sleeper Street Boston, MA 02210 Dear Attorney Karlin: I have received the petition of Lisa Morris appealing the response of the Department of Early Education and Care (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Morris requested records related to “the contracts with Aim & Arrow and Guidehouse….” The Department responded by providing responsive records, including, in redacted form, 3 scoring sheets for evaluating bids. Unsatisfied with the Department’s response, Ms. Morris petitioned this office and this appeal, SPR20/2458, 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. Current Appeal In an October 28, 2020 email, the Department indicates that it has redacted the names of 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

Denise Karlin, Esq. SPR20/2458 Page 2 December 22, 2020 individual reviewers pursuant to the privacy clause of Exemption (c). Subsequent to the opening of this appeal, in a conversation with a staff attorney of the Public Records Division on December 22, 2020, you indicated that the Department intends to provide a supplemental response explaining its redactions. Conclusion Accordingly, whereas the Department has indicated that it intends to provide a supplemental response regarding Ms. Morris’ request, I will consider this administrative appeal closed. Said response must be provided in compliance with the Public Records Law and its Access Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. If issues remain outstanding, the requestor may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Lisa Morris