Nijan Datar v. Acton-Boxborough Regional School District (SPR 20212195)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 13, 2021 SPR21/2195 Andrew Shen Records Access Officer Acton-Boxborough Regional School District 15 Charter Road Acton, MA 01720 Dear Mr. Shen: I have received the petition of Nijan Datar appealing the response of the Acton- Boxborough Regional School District (District) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 21, 2021, Mr. Datar requested, “[c]opies of any and all cellular telephone text messages and/or e-mails related to Acton-Boxborough School Committee issues that were sent and/or received by each Acton Boxborough Regional School Committee member during their meeting that was held on October 15, 2020.” Previous appeal This request was the subject of a previous appeal. See SPR21/1864 Determination of the Supervisor of Records (August 11, 2021). The Department responded on August 25, 2021. Unsatisfied with the response, Mr. Najar petitioned this office and this appeal, SPR21/2195, 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 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

Beth Petr SPR21/2195 Page 2 September 13, 2021 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 August 25th response The District’s August 25, 2021 response advised, “[t]he materials you seek are the subject of a pending Open Meeting Law complaint before the Attorney General’s Office (‘AGO’) and were previously the subject of an appeal to the Supervisor of Public Records. I have enclosed materials for your reference. (See attached) Accordingly, the District has already directed the School Committee members to preserve materials that could be responsive in the event they are needed for an-camera review. However, while awaiting a decision from the AGO, the District maintains that it does not have records responsive to your request within its custody and control.” Active Administrative Proceeding 950 C.M.R. 32.08(2)(b) provides in pertinent part: The Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the pending matter before the AGO, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Nijan Datar

Beth Petr SPR21/2195 Page 3 September 13, 2021 erely, Rebecca S. Murray Supervisor of Records cc: Nijan Datar