Pedro DeLeon v. Waltham, City of - Public Schools (SPR 20220798)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 20, 2022 SPR22/0798 Brian K. Reagan Ed.D. Superintendent of Schools Waltham Public Schools 617 Lexington Street Lexington, MA 02452 Dear Superintendent Reagan: I have received the petition of Pedro DeLeon appealing the response of the Waltham Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 13, 2022, Mr. DeLeon requested documents, investigative reports of an identified individual including, but not limited to, certain communications. Previous appeals The request was the subject of a previous appeal. See SPR22/0270 Determination of the Supervisor of Records (April 5, 2022). The School responded on March 29, 2022. Unsatisfied with the School’s response, Mr. DeLeon petitioned this office and this appeal, SPR22/0798, 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

Brian K. Reagan Ed.D SPR22/0798 Page 2 April 20, 2022 The School’s March 29th Response In its March 29th fee response, the School produced the requested personnel file. The School requested an extension to produce the balance of the requested records pursuant to a fee estimate which was not disclosed. Fees - Timeliness of response 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. However, it is unclear whether the School provided Mr. DeLeon with a written response within ten (10) business days from his request dated March 13, 2022. The School is advised that under the Public Records Law, “[a] records access officer shall not charge a fee for a public record unless the records access officer responded to the requestor within 10 business days in compliance with G. L. c. 66, § 10(e) and 950 C.M.R. 32.06(2)(c). I find that the School must provide a response that demonstrates that it responded within 10 business days following receipt of Mr. DeLeon’s request. Conclusion Accordingly, the School is ordered to provide Mr. DeLeon with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Pedro DeLeon