Doreen Healy v. Billerica, Town of - Public Schools (SPR 20221092)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 24, 2022 SPR22/1092 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 appeals This request was the subject of previous appeals. See SPR22/0414 Determination of the Supervisor of Records (February 23, 2022) and SPR22/0444 Determination of the Supervisor of Records (March 9, 2022). The School responded on April 27, 2022. Unsatisfied with the response, Ms. Healy petitioned this office and this appeal, SPR22/1092, 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 SPR22/1092 Page 2 May 24, 2022 The School’s April 27th Responses In its April 27th response, the School stated that “… [a]ll available documents are on the website in the site council area on the BMHS page but I will attach them to this email in a final effort to close this matter.” Current appeal In her appeal, Ms. Healy indicated that she did not receive records from three schools. In a telephone conversation between a Public Records Division senior attorney and a School representative, it is my understanding that the School mailed to Ms. Healy the records she requested, including the records for the three schools, as well as provided the link to access the records online. Given that the School provided a link to access the requested records and also mailed the requested records, 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