Paula Suita v. Sharon, Town of - Public Schools (SPR 20213097)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 29, 2021 SPR21/3097 Meg Dussault, Ed.D Assistant Superintendent of Schools Records Access Officer Sharon Public Schools 75 Mountain Street Sharon, MA 02067 Dear Dr. Dussault: I have received the petition of Paula Suita 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 November 4, 2021, Ms. Suita requested documents relating to the curriculum “…used to train peer leaders in Middle School…in Middle School Advisory classes…for [the] Middle School Social Studies Identity Unit[, and]…in Middle School ELA Names unit.” The School provided a response on November 10, 2021. Unsatisfied with the School’s response, Ms. Suita petitioned this office and this appeal, SPR21/3097, 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

Meg Dussault, Ed.D SPR21/3097 Page 2 November 29, 2021 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. The School’s November 10th Response On November 10, 2021, the School stated it has “searched for the requested records and has found records responsive to your request. Enclosed is a link to the records in our possession.” Current Appeal On November 24, 2021, Ms. Suita stated the School’s “response claimed to give me access to a drive of documents. However…it is impossible to actually access the drive.” That same day, the School indicated “Ms. Suita did express difficulty in viewing the documents, and alerted us to the issue. We recognized that the permission on the file was restricted and changed that. We could then see that anyone was able to view the records.” Because this appeal was opened due to Ms. Suita being unable to access the link containing the records that she requested and the link is now available to be viewed by her, I will consider this administrative appeal closed. Ms. Suita may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Paula Suita