Craig Swinson v. Richmond School District (SPR 20210289)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 19, 2021 SPR21/0289 Peter Dillon Superintendent Richmond School District 1831 State Road Richmond, MA 01254 Dear Superintendent Dillon: I have received the petition of Craig Swinson appealing the response of the Richmond School District (District) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 29, 2021, Mr. Swinson requested the following records: “[a]ny notices from the DPH or DESE to the school that the mandatory flu vaccine deadline was extended until February or the requirement was rescinded. Any notices from the school informing parents of the same.” 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. The District’s response The District responded on February 1, 2021 and provided 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

Peter Dillon SPR21/0289 Page 2 February 19, 2021 Current Appeal In the current appeal Mr. Swinson claimed that not all the requested records were received. 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). It is unclear whether the District is in possession of additional requested records. The District must clarify whether any further responsive records exists. Conclusion Accordingly, the District is ordered to provide Mr. Swinson 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: Craig Swinson