Cynthia Moore v. Department of Elementary and Secondary Education (SPR 20202488)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 30, 2020 SPR20/2488 Helene Bettencourt Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148 Dear Ms. Bettencourt: I have received the petition of Cynthia Moore 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). Ms. Moore requested the following: “... [a] copy of ‘the Problem Resolution System Guidelines and Procedures’ [that] are available from the Department as described by 603 CMR 28.08(2). Specifically, I am seeking to obtain all documentation that fulfills this request which is not found on the [published] web pages. Unsatisfied with the Department’s response, Ms. Moore petitioned this office and appeal SPR20/2488 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 SPR20/2448 Page 2 December 30, 2020 The Department’s November 11th response On November 11, 2020, the Department provided a copy of the PRS Complaint Information Guide. Ms. Moore responded stating that the record provided was not responsive to her request because the information could be found on the webpages she mentioned in her request. In light of the issues raised in Ms. Moore’s appeal regarding the existence of responsive records, I find it is unclear whether additional responsive records exist. The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Ms. Moore with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 10 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: Cynthia Moore