Deborah S. Skauen-Hinchliffe v. Harvard, Town of - Town Clerk (SPR 20211910)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 10, 2021 SPR21/1910 Superintendent Linda Dwight Harvard Public Schools 38 Massachusetts Avenue Harvard, MA 01451 Dear Superintendent Dwight: I have received the petition of Deborah Skauen-Hinchliffe appealing the response of the Harvard Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 12, 2021, Ms. Skauen-Hinchliffe requested, among other items, “[c]opies of all original, unedited, agendas and minutes of the Diversity, Equity and Inclusion subcommittee.” Previous Appeal This request was the subject of a previous appeal. See SPR21/1828 Supervisor of Records Determination (August 2, 2021). In my August 2nd determination, I closed SPR21/1828 based on the School providing responsive records to Ms. Skauen-Hinchliffe. Unsatisfied with the School’s response, Ms. Skauen-Hinchliffe appealed, and this case 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

Superintendent Linda Dwight SPR21/1910 Page 2 August 10, 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. Current Appeal In her appeal petition, Ms. Skauen-Hinchliffe states that the Superintendent “fails to admit that the agendas and minutes of the Diversity, Equity and Inclusion Committee are public records. Also, she denies that this committee, which reports to the school committee, is a school committee sub committee.” Ms. Skauen-Hinchliffe asks this office to “order these minutes and agendas are subject to the Public Record Law.” Further, she expresses concern that “[w]ithout this step, the meetings will continue to be secret. Access will be available only by public records requests and complaints to [the Public Records Office].” The School’s July 28th Response In a letter to Ms. Skauen-Hinchliffe and this office on July 28, 2021, the School provided the agendas and minutes of the Diversity, Equity, and Inclusion Committee dating back to 2015, when the Committee was formed. Where the School has indicated it provided all responsive records in its possession, the basis of Ms. Skauen-Hinchliffe’s appeal is unclear. See G. L. c. 66, § 10(b)(vi). If in the future Ms. Skauen-Hinchliffe wishes to submit additional public records requests to the School, and is unsatisfied with the responses, she may appeal those responses within ninety (90) days. See 950 C.M.R. 32.08(1). Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Ms. Skauen-Hinchliffe in her appeal petition, I will now consider this administrative appeal closed. If Ms. Skauen-Hinchliffe 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. See G. L. c. 66, § l0A(c). Sincerely, .n .. /J ~ ~ ~ ~· ~ . 0. ~~~ Rebecca S. Murray Supervisor of Records cc: Deborah Skauen-Hinchliffe