Doreen Healy v. Billerica, Town of - Public Schools (SPR 20220444)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 9, 2022 SPR22/0444 Robin Hulsoor Director of Finance & Operations Billerica Public Schools 365 Boston Road Billerica, MA 01821 Dear Ms. Hulsoor: I have received the petition of Doreen Healy appealing the response of the Billerica Public Schools (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 19, 2022, Ms. Healy requested “… this year’s agendas and minutes regarding all the School Site Councils for this year.” Previous appeal This request was the subject of a previous appeal. See SPR22/0414 Determination of the Supervisor of Records (February 23, 2022). The School responded on February 23, 2022. Unsatisfied with the response, Ms. Healy petitioned this office and this appeal, SPR22/0444, 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 agency or municipality 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

Robin Hulsoor. SPR22/0444 Page 2 March 9, 2022 The School’s February Responses In its February 23rd response, the School stated that “… [t]he information she is requesting is publicly accessible on the Billerica Public Schools website …” In an earlier response dated February 7th, the School provided the website where the information requested could be found. The School stated, “… site council information is posted on the web page of each school … go to the district’s main site www.billericak12.com, go to the school’s page and there is a folder for site councils.” Current appeal In her appeal, Ms. Healy advises, “I still have not received the documents that I have requested. The documents are not available at the Town Clerk's office and/or on line.” Upon review, the School provided a link in response to Ms. Healy’s appeal with instructions on how to access the records requested. I find that the basis of Ms. Healy’s appeal is unclear. Ms. Healy is reminded 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). Conclusion Accordingly, I am unable to issue a determination at this time. Ms. Healy may wish to clarify her specific objections to the School’s response. Sincerely, Rebecca S. Murray Supervisor of Records cc: Doreen Healy