Commonwealth Transparency v. Dennis-Yarmouth Regional School District (SPR 20213222)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 17, 2021 SPR21/3222 Eileen Whalen Administrative Assistant to the Superintendent Dennis-Yarmouth Regional School District 296 Station Avenue South Yarmouth, MA 02664 Dear Eileen Whalen: I have received the petition of Commonwealth Transparency appealing the response of the Dennis Yarmouth Regional School District (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 4, 2021, Commonwealth Transparency requested for the time period December 1, 2020 through December 3, 2021: [1] Any and all public records requests seeking public records of your school(s), and/or district(s)[;] [2] All metadata from the requests in #1 above including all contact information of the requestor, including but not limited to emails and text messages[;] [3] All electronic communications regarding #1 above including but not limited to emails and text messages[, and;] [4] All responses, appeals, fee requests and responsive records resulting from the requests in #1 above. The School provided a response including responsive records on December 9, 2021. Unsatisfied with the School’s response, Commonwealth Transparency petitioned this office and this appeal, SPR21/3222, 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 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

Eileen Whalen SPR21/3222 Page 2 December 17, 2021 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. The School’s December 9th Response On December 9, 2021, the School provided responsive records. Current Appeal In its current appeal, Commonwealth Transparency stated, “in the [School’s] response, the [Records Access Officer] does not indicate that no responsive records exist. Conversely, the requestor has, as does the SPR, verifiable and documented proof that such records do exist…Wherefore [Commonwealth Transparency] requests that the SPR find and order [the School] to…provide any and all responsive records immediately.” Where the School has provided records responsive to its request, it is unclear what the basis of Commonwealth Transparency’s appeal is. Commonwealth Transparency is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). Accordingly, Commonwealth Transparency must describe its specific objections to the School’s December 9th response. Conclusion Based on the above, I will consider this administrative appeal closed.

Eileen Whalen SPR21/3222 Page 3 December 17, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Commonwealth Transparency