Paige Scott Reed v. Brookline, Town of - Public Schools (SPR 20210103)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 1, 2021 SPR21/0103 Patrick J. Ward Town Clerk Town of Brookline Brookline Town Hall 333 Washington Street, Room 104 Brookline, MA 02445-6853 Dear Mr. Ward: I have received the petition of Paige Scott Reed appealing the response of the Town of Brookline (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 CM.R. 32.08(1). On January 9, 2021, Ms. Reed requested, “… a copy of the PSB’s report to DESE … on the number of hours students in grades 1, 4, 7, and 10 spent learning over the course of 10 school days . . .” 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) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). The Town’s January 15th response In its January 15th response, the Town stated, “[t]he information sent to DESE [is] exactly what is represented on the Student Learning Time Dashboard” and the Town provided the link to 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

Patrick J. Ward SPR21/0103 Page 2 February 1, 2021 the information. Basis of Appeal In her September 16th appeal, Ms. Reed states, “I asked for a copy of a submission the town made to DESE.” Despite the Town’s response, it remains unclear if the Town possesses the records requested. The Town must clarify whether the requested records exist. Conclusion Accordingly, the Town is ordered to provide Ms. Reed 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: Paige Scott Reed