Patrick J. Mason v. Sharon, Town of - Public Schools (SPR 20212374)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 24, 2021 SPR21/2374 Dr. Peter Botelho Superintendent Records Access Officer Sharon Public Schools 75 Mountain Street Sharon, MA 02067 Dear Dr. Botelho: I have received the petition of Patrick Mason appealing the response of the Sharon Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 14, 2021, Mr. Mason requested, “A list of the Sharon Public School graduates for the class of 1992 and 1993 [including first, middle, and last names].” The School responded on September 14, 2021. Unsatisfied with the School’s response, Mr. Mason petitioned this office and this appeal, SPR21/2374, 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

Dr. Peter Botelho SPR21/2374 Page 2 September 24, 2021 The School’s September 14th Response In its September 14th response, the School stated that, “The [School] has searched for the requested records and does not possess any records responsive to [Mr. Mason’s] request.” Current Appeal On September 15, 2021, Mr. Mason responded by stating that he, “…[is] appealing th[e School’s] response [because a named individual at the School whom Mr. Mason spoke with about the request has] a self-interest not to produce the records.” Based on Mr. Mason’s appeal, in conjunction with the School’s response, it is unclear if the School possesses any records responsive to his request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the School must clarify whether records responsive to Mr. Mason’s request exist. Conclusion Accordingly, the School is ordered to provide Mr. Mason with a response to his request in a manner consistent with this order, the Public Records Law and its regulations within 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: Patrick Mason