Laura H. Ortiz v. Lowell, City of - Public Schools (SPR 20212381)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 20, 2021 SPR21/2381 Jane Mosher Canty, Esq. Lowell Public Schools 155 Merrimack Street Lowell, MA 01852 Dear Attorney Mosher-Canty: I have received the petition of Laura Ortiz appealing the response of the Lowell Public School District (LPSD) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Ortiz requested all records pertaining to “exemption policies for not wearing a mask given any medical, religious or philosophical reason,” and “discipline polic[ies] for students who cannot comply [with] wearing a mask. . . .” 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, § l0A(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); -se-e -al-so- -D-is-t. -A-tto-rn-e-y -fo-r -th-e 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. Conclusion In a September 17, 2021 email Ms. Ortiz stated, “I feel comfortable in working this out with the LPSD and Esquire Mosher Canty . . . so feel free to close this . . . [a]ppeal.” In light of Ms. Ortiz’s September 17 letter, I will now consider this administrative appeal closed. 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

Jane Mosher-Canty, Esq. SPR21/2381 Page 2 September 20, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Laura Ortiz