Wayne J. Roderick v. Central Berkshire Regional School District (SPR 20211792)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 27, 2021 SPR21/1792 Ms. Melissa Falkowski Central Berkshire Regional School District P.O. Box 299 Dalton, MA 01227 Dear Ms. Falkowski: I have received the petition of Wayne Roderick appealing the response of the Central Berkshire Regional School District (District) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Roderick requested various records in the possession of the District related to a certain fire protection contract. Previous appeal This request was the subject of a previous appeal. See SPR21/1553 Determination of the Supervisor of Records (July 1, 2021). The District provided a response on June 24, 2021. Unsatisfied with the District’s response, Mr. Roderick petitioned this office and this appeal, SPR21/1792, 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

Ms. Melissa Falkowski SPR21/1792 Page 2 July 27, 2021 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. The District’s June 24th Response On June 24, 2021, the District provided a response stating “we have provided [Mr. Roderick] with the Certified Payroll Records, however [Mr. Roderick’s] request for the Prequalification Package is denied as there is information that [the District] deem[s] as private and not subject to public records laws such as banking and other financial information, along with personal references.” Based on the District’s response, it is unclear what exemption it is claiming to withhold the redacted information from disclosure. If the District intends to withhold portions of the records pursuant to the Public Records Law, an exemption must be provided. See G. L. c. 66, § 10(b)(iv) (custodian has the burden of establishing the applicability of an exemption and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based). Conclusion Accordingly, the District is ordered to provide Mr. Roderick with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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: Wayne Roderick