Marion J. King v. Nashoba Regional School District (SPR 20220565)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 18, 2022 SPR22/0565 Patricia Marone Records Access Officer Nashoba Regional School District 50 Mechanic Street Bolton, MA 01740 Dear Ms. Marone: I have received the petition of Marion J. King appealing the response of the Nashoba 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 January 15, 2022, Ms. King requested “Massachusetts Department of Elementary and Secondary Education Letter(s) of Finding for [three complaints] redacted of any confidential information.” Previous Appeal This request was the subject of a previous appeal. See SPR22/0216 Supervisor of Records Determination (February 11, 2022). In my February 11th determination, I ordered the School to clarify the hourly rate used in its fee estimate. Subsequently, the School responded to Ms. King on March 8, 2022, providing various responsive records. Unsatisfied with the School’s response, Ms. King appealed, and this case 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. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of 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

Patricia Marone SPR22/0565 Page 2 March 18, 2022 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); -se-e -a-ls-o 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Current Appeal In her appeal petition, Ms. King indicates that “the district has now provided just one of the three requested records and alleges they do not have the other two.” In an email to this office and the School on March 17, 2022, Ms. King states that she is “still waiting for the following: Letter of Finding 5825 and the letter of finding for 6103.” The School’s Response In its March 8, 2022 response, the School asserts that “there wasn’t a letter of finding on PS 6103. The other PRS 5825 is the finding that is in resolution today and has a large number of pages so far.” In an email to Ms. King and this office on March 16, 2022, the School provided additional records and further states that “all responsive documents have been provided in regards to #6103.” Additionally, the School explains that “the Department of Elementary and Secondary Education is currently reviewing all the supporting documents for #5825 response. There has been a delay in locating the documents on their end. [The School] await[s] their response and intend[s] to supply said documents, redacted.” Records in Existence; Possession, Custody, or Control Please be advised, 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). Where the School has confirmed that it has provided all responsive records currently in its possession, and confirmed that it has not received additional records from the Department of Elementary and Secondary Education, I find the School has met its burden to respond to this request. Conclusion Accordingly, I will consider this administrative appeal closed. If Ms. King is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Patricia Marone SPR22/0565 Page 3 March 18, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Marion King