Doreen Healy v. Billerica, Town of - Public Schools (SPR 20212196)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 13, 2021 SPR21/2196 Robin Hulsoor Director of Finance & Operations Billerica Public Schools 365 Boston Road Billerica, MA 01821 Dear Director Hulsoor: I have received the petition of Doreen Healy appealing the response of the Billerica 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 30, 2021, Ms. Healy requested “a copy of the minutes regarding the Billerica School Committee Special Meeting- Summer Retreat held on July 29, 2021.” The School responded on August 3, 2021. Unsatisfied with the School’s response, Ms. Healy 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. 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. 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

Robin Hulsoor SPR21/2196 Page 2 September 13, 2021 Current Appeal Subsequent to the opening of this appeal, I learned that the School provided a supplemental response to Ms. Healy on August 27, 2021, including responsive records. In an email to this office and during subsequent phone conversations, Ms. Healy expressed concern that the School’s response did not include information on the right of administrative appeal. Please be advised that in accordance with 950 C.M.R. 32.06 (3)(c)(8), a “written notice of denial shall include . . . a statement informing the requester of the right of administrative appeal to the Supervisor under 950 CMR 32.08(1) and the right to seek judicial review of an unfavorable decision by commencing a civil action in the superior court.” Conclusion In light of the School’s supplemental response, I will now consider this administrative appeal closed. If Ms. Healy 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, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Doreen Healy