Lauren Gillis v. Boxford, Town of (SPR 20221138)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 27, 2022 SPR22/1138 Collen Anderson Records Access Officer Tri-Town School Union 28 Middleton Rd. Boxford, MA 01921 Dear Ms. Anderson I have received the petition of Laura Gillis, Esq. appealing the response of the Tri-Town School Union (School) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On February 15, 2022, Attorney Gillis requested the following: [1]- Teacher certifications, continuing education and/or trainings related to scientifically based reading programs… [2]- Evaluations and/or observation reports and/or conclusion by any internal outside entity related to [named schools]. The School provided a response on March 4, 2022. Unsatisfied with the School’s response, Attorney Gillis petitioned this office and this appeal, SPR22/1138, 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 town 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 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

Collen Anderson SPR22/1138 Page 2 May 27, 2022 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); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The School’s March 4th response In its March 4th response, the School provided responsive records for teacher certifications and tiered focus monitoring. The School further stated that, “[w]e do not have readily available any continuing education and/or training related to scientifically based reading programs.” Based on the School’s response, it is unclear if it possesses additional records responsive to the above request. Specifically, the School must clarify whether it possesses any records regarding “scientifically based reading programs.” 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). Conclusion Accordingly, the School is ordered to provide Attorney Gillis with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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: Laura Gillis, Esq.