Heather Stevenson v. Danvers, Town of - Public Schools (SPR 20211831)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 5, 2021 SPR21/1831 Keith Taverna Records Access Officer Assistant Superintendent of Schools Danvers Public Schools 64 Cabot Road Danvers, MA 01923 Dear Mr. Taverna: I have received the petition of Robert Hohler and Heather Stevenson, Esq. of the Boston Globe appealing the response of the Danvers Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 7, 2021, Mr. Hohler requested: [1.] The school administration’s report of its investigation into the initial complaints last June; [2.] The report of the investigation that [named individual] conducted at the request of the school committee; [3.] The school department’s contract with [named individual] to conduct the review; [4.] [named individual] invoice or invoices for her services; [5.] [named individual] most recent contract to coach the boys varsity hockey team; [6.] Any communications that school department employees had with the Danvers police, the Essex County District Attorney’s Office, the Massachusetts Attorney General’s Office, the state Department of Children and Family Services, and the Massachusetts Interscholastic Athletic Association. Previous appeals This request was the subject of previous appeals. See SPR21/1251 Determination of the Supervisor of Records (June 2, 2021); SPR21/1493 Determination of the Supervisor of Records (June 28, 2021). The School responded on July 9, 2021. Unsatisfied with the School’s response, Attorney Stevenson appealed, and SPR21/1831 was opened as a result. 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

Keith Taverna SPR21/1831 Page 2 August 5, 2021 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 School 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(d)(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 School’s July 9th response In its July 9th response, relative to outstanding Requests 1, 2 and 3, the School identified the records and cited Exemptions (a), (c) and (f) to withhold the requested records. In camera inspection In order to facilitate a determination as to the applicability of the School’s claims to withhold requested records, the School must provide this office with an un-redacted copy of the responsive records for in camera inspection. After I complete my review of the documents, I will return the records to your custody and issue an opinion on the public or exempt nature of the record. See 950 C.M.R. 32.08(4). The authority to require the submission of records for an in camera inspection emanates from the Code of Massachusetts Regulations, 950 C.M.R. 32.08(4); see also G.L. c. 66, § 1. This office interprets the in camera inspection process to be analogous to that utilized by the judicial system. See Rock v. Massachusetts Comm'n Against Discrimination, 384 Mass. 198, 206 (1981) (administrative agency entitled deference in the interpretation of its own regulations). Records are not voluntarily submitted, but rather are submitted pursuant to an order by this office that an in camera inspection is necessary to make a proper finding. Records are submitted for the limited purpose of review. This office is not the custodian of records examined in camera, therefore, any request made to this office for records being reviewed in camera will be denied. See 950 C.M.R. 32.08(4)(c). This office has a long history of cooperation with governmental agencies with respect to in camera inspection. Custodians submit copies of the relevant records to this office upon a promise of confidentiality. This office does not release records reviewed in camera to anyone under any circumstances. Upon a determination of the public record status, records reviewed in

Keith Taverna SPR21/1831 Page 3 August 5, 2021 camera are promptly returned to the custodian. To operate in any other fashion would seriously impede our ability to function and would certainly affect our credibility within the legal community. Please be aware, any cover letter submitted to accompany the relevant records may be subject to disclosure. Order Accordingly, the School is ordered to provide this office with an un-redacted copy of the requested records for in camera inspection without delay. Sincerely, Rebecca S. Murray Supervisor of Records cc: Heather Stevenson, Esq. Robert Hohler