Talia Berkowitz v. Northbridge, Town of - Public Schools (SPR 20213269)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 30, 2021 SPR21/3269 Kayleigh Poudrier Records Access Officer Northbridge Public Schools 87 Linwood Avenue Whitinsville, MA 01588 Dear Ms. Poudrier: I have received the petition of Talia Berkowitz appealing the response of the Northbridge Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 6, 2021, Ms. Berkowitz requested, “[g]rant funding for the past 10 school years that the School has acquired, specifically: [the t]itle of [the] grant[;] [a]mount of [the] grant[;] [a]pplicant of [the] grant[, and;] [w]hat each grant was used for.” The School provided a response on December 16, 2021. Unsatisfied with the School’s response, Ms. Berkowitz petitioned this office and this appeal, SPR21/3269, was opened as a result. Purpose of request; identity of requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Ms. Berkowitz’s purpose in making the request has no bearing on the public status of any existing responsive records. 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

Kayleigh Poudrier SPR21/3269 Page 2 December 30, 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(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). The School’s December 16th Response On December 16, 2021, the School stated, “[p]lease be advised that the [School] does not possess a document containing all of the information you have requested, and it is not required to create a document that contains this information.” Current Appeal In her appeal petition, Ms. Berkowitz stated, “I am looking for this information as I am a parent in the district who has been requesting professional development, curriculum type and staffing, and would like to see if the district is applying for grants each year, and if not ask why.” Based on the School’s response, it is unclear if the School possesses records responsive to Ms. Berkowitz’s request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the School must clarify whether responsive records exist. Ms. Berkowitz and the School are encouraged to communicate in order to facilitate producing records efficiently and affordably. See G. L. c. 66, § 10(a)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). Conclusion Accordingly, the School is ordered to provide Ms. Berkowitz 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.

Kayleigh Poudrier SPR21/3269 Page 3 December 30, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Talia Berkowitz