Malden Transparency v. Boston Renaissance Charter Public School (SPR 20212588)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 20, 2021 SPR21/2588 Dorothy Warwick Records Access Officer Boston Renaissance Charter Public School 1415 Hyde Park Avenue Hyde Park, MA 02136 Dear Dorothy Warwick: I have received the petition of Malden Transparency appealing the response of the Boston Renaissance Charter Public School (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 26, 2021, the requestor sought the following: For the time period January 1, 2019 through the date [the School] respond[s] with the responsive documents . . . 1. All billing statements and/or invoices from [a named law firm]. 2. All documents evidencing payments made to [a named law firm]. Previous Petition This request was the subject of a petition from the School. See SPR21/2691 Supervisor of Records Determination (October 18, 2021). In my October 18th determination, I found that the School had established good cause for a time extension of 30 business days. The School provided the requestor with a response on October 5, 2021. Unsatisfied with the School’s response, the requestor petitioned this office and this appeal, SPR21/2588, was opened as a result. While this appeal was pending, the School provided a supplemental response on October 12, 2021. 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). 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

Dorothy Warwick SPR21/2588 Page 2 October 20, 2021 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. The School’s October 5th and 12th responses In its October 5, 2021 response, the School provided the requestor with responsive records. In the appeal petition, the requestor states “[t]he [School] purports to have provided ‘copies of cancelled checks and a check register from our accounting system for the period requested above evidencing payments made to Murphy, Hesse, Toomey & Lehane, LLP (‘MHTL’).’ No such records were provided.” Based on the above, I find the School must clarify whether it possesses copies of cancelled checks. The duty to comply with requests for records extends to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). The School must confirm whether additional records exist. Fee estimate Further in the petition, the requestor appears to object to a fee estimate that was provided. In its October 12, 2021 supplemental response, the School notes that the requestor’s “. . . appeal ignores the fact that [the School] is not charging a fee. Given that the records will take less than two hours to segregate and redact, it is not charging [the requestor]. It did request additional time pursuant to its petition to the Supervisor to respond to the request.” Where the School did not provide the requestor with a fee estimate, it is unclear the basis of the requestor’s appeal. Conclusion Accordingly, the School is ordered to provide the requestor with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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.

Dorothy Warwick SPR21/2588 Page 3 October 20, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Malden Transparency