Ronald Alexander v. Natick, Town of - Public Schools (SPR 20210171)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 9, 2021 SPR21/0171 Timothy Luff Assistant Superintendent Office of Student Services Natick Public Schools 13 East Central Street Natick, MA 01760 Dear Mr. Luff: I have received a petition from Ronald Alexander appealing the response of the Natick Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Alexander sent a request to the School on December 12, 2020, requesting specific School expense reports. Mr. Alexander believed the School should have provided the expense reports in an earlier response on November 4, 2020. 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. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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

Timothy Luff SPR21/0171 Page 2 February 9, 2021 Appeal Mr. Alexander appealed to this office on January 26, 2021, having not been provided the expense reports. On February 5, 2021, the School responded to Mr. Alexander stating, “. . . there are no expense reports related to district credit card usage, other than the excel documents that you received as part of your original request.” The School explained “Town credit card statements do not have expense reports associated with them like personal credit card use would.” The School confirmed to this Office that all responsive records to Mr. Alexander’s request were provided. 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, § 10(a)(ii), (b)(ii). Conclusion Based on the School’s response, I find the School has met its burden in responding to Mr. Alexander’s request. If Mr. Alexander is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. G. L. c. 66, § 10A. Sincerely, Rebecca S. Murray Supervisor of Records cc: Ronald Alexander