Karen A. Whitley v. Melrose Public Schools (SPR 20212851)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 9, 2021 SPR21/2851 Julie Kukenberger, Superintendent Melrose Public Schools 360 Lynn Fells Parkway Melrose, MA 02176 Dear Superintendent Kukenberger: I have received the petition of Attorney Karen Whitley appealing the nonresponse of the Melrose Public Schools (School) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). Specifically, Attorney Whitley requested the names and addresses of all students in the district that are currently in grades Pre-K to Grade 5 as of the fall of 2021, as well as all four-year-old children who are enrolled or who are eligible to be enrolled in a pre-school program in the district as of October 1, 2021. Having received no response, Attorney Whitley appealed to this office. 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

Julie Kukenberger, Superintendent SPR21/2851 Page 2 November 9, 2021 Order Despite being notified of the opening of this appeal, no response has been provided. Accordingly, the School is ordered to provide Attorney Whitley 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Karen Whitley, Esq.