Joel Hart v. Leicester, Town of - Public Schools (SPR 20212947)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 19, 2021 SPR21/2947 Kimberly Rozaq, Esq. Leicester Public Schools 3 Washburn Square Leicester, MA 01524 Dear Attorney Rozaq: I have received the petition of Joel Hart appealing the response of the Leicester 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 27, 2021, Mr. Hart requested a signed letter and contract of a named individual. Subsequently, Mr. Hart clarified that he was seeking “an attachment labeled ‘letter for hire’ on 8/18/2021 unsigned and the 8/19/2021 signed attachment ‘letter to hire’” by an identified individual. Previous appeal This request was the subject of a previous appeal. See SPR21/2762 Determination of the Supervisor of Records (November 3, 2021). In my November 3rd determination, I found the School had not met its burden to withhold the responsive record under Exemption (c) and Exemption (d) of the Public Records Law. G. L. c. 4, § 7(26)(c), (d). Accordingly, the School was ordered to provide Mr. Hart with a supplemental response. Subsequently, the School provided Mr. Hart with a response on November 4, 2021. Unsatisfied with the School’s response, Mr. Hart petitioned this office and this appeal, SPR21/2762, 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. 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

Kimberly Rozaq, Esq. SPR21/2947 Page 2 November 19, 2021 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. Current appeal On November 4, 2021, the School provided a copy of a signed 8/19 letter to Mr. Hart. In his appeal petition, Mr. Hart states, “I would like to receive the original unsigned email sent to [an identified individual] on 8/18 from [a named individual]. I received the signed 8/19 email in return. I was also wondering if I could see both ink signed papers in person. I am very suspicious of the highlighted record and what appears to be a splice or tape line. It may be a scanner issue, but like I said, I’m highly suspicious[.]” In an email correspondence to this office on November 17, 2021, Mr. Hart indicated that he “ha[s] received the unsigned letter from the Leicester public schools. However upon reviewing the unsigned letter and the signed letter I have noted that these copies are not the originals and have been doctored. . . .” Based on Mr. Hart’s claim, it is unclear if the School possesses the original copies of these records. The School must clarify this matter. Conclusion Accordingly, the School is ordered to provide Mr. Hart 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: Joel Hart