Paul McLaughlin v. Bridgewater Raynham Regional School District (SPR 20221240)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 9, 2022 SPR22/1240 Judith A. MacDougall Executive Secretary to the Superintendent Bridgewater-Raynham Regional School District 166 Mt. Prospect Street Bridgewater, MA 02324 Dear Ms. MacDougall: I have received the petition of Catherine Foster appealing the response of the Bridgewater-Raynham Regional School District (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 14, 2022, Ms. Foster requested “[c]opies of all non-exempt (and non-exempt portions) of the executive session minutes for the last twelve months for the Bridgewater Raynham School Board.” On April 29, 2022, the School responded. On May 9, 2022, Ms. Foster sent a correspondence to the School inquiring about certain records that she did not receive as part of the original production of records. Unsatisfied with the School’s response, Ms. Foster petitioned this office and this appeal, SPR22/1240, 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 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

Judith A. MacDougall SPR22/1240 Page 2 June 9, 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. Open Meeting Law It appears Ms. Foster’s appeal is related to the release of executive session minutes, which would raise issues under the Open Meeting Law. See G. L. c. 30A, § 22(f). The authority to opine on Open Meeting Law matters, including executive session meeting minutes, and documents pertaining to each of the executive session meetings, rests with the Open Government Division of the Office of the Attorney General (AGO). See G. L. c. 30A, § 23. Therefore, I decline to opine on the requests pertaining to the executive session meetings. I advise the parties to consult with the AGO regarding the sessions and records pertaining to the sessions. Accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Catherine Foster