Tammy Tebo v. Leicester, Town of - Public Schools (SPR 20220655)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 4, 2022 SPR22/0655 Marilyn Tencza, Ed. D. Superintendent Leicester Public Schools 3 Washburn Square Leicester, MA 01524 Dear Superintendent Tencza: I have received the petition of Tammy Tebo appealing the response of the Leicester Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 19, 2022, Ms. Tebo requested an explanation regarding the omission of a School Committee member’s evaluation of a Superintendent in June 2020. The School provided a response on February 24, 2022, indicating its intention to respond. On March 14, 2022, the School indicated that the School Committee would respond to Ms. Tebo’s email at a workshop meeting on March 7, 2022. In an email correspondence, Ms. Tebo indicated that she wanted a response in writing. Subsequently, Ms. Tebo petitioned this office and this appeal, SPR22/0655, was opened as a result. While this appeal was pending, on March 29, 2022, Ms. Tebo provided additional information regarding her appeal. 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

Superintendent Marilyn Tencza SPR22/0655 Page 2 April 4, 2022 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. Current appeal In her appeal petition, Ms. Tebo states: I am requesting that an investigation be conducted for omitting and/or altering public records related to the Superintendent’s Summative Evaluations for the 2019-2020 school year. Along with that, I am requesting a public apology from the School Committee for the inaccurate and defaming statements that were made about me at the March 7, 2022 meeting regarding this matter. In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. See G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Ms. Tebo in her appeal petition, I am unable to issue a determination at this time. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Tammy Tebo