Doreen Healy v. Billerica, Town of - Public Schools (SPR 20221447)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 7, 2022 SPR22/1437 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); SPR22/0444 Determination of the Supervisor of Records (March 9, 2022); SPR22/0634 Determination of the Supervisor of Records (March 25, 2022) and SPR22/1092 (May 24, 2022). The School responded on May 27, 2022. Unsatisfied with the response, Ms. Healy petitioned this office and this appeal, SPR22/1447, 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. SPR22/1437 Page 2 July 7, 2022 The School’s May 27th Response In its May 27th response, the School stated that “I have answered this on multiple occasions and have addressed your request. All site council agendas and minutes for BMHS have been posted.” Current appeal In her appeal, Ms. Healy asserts that certain meeting minutes and agendas from the Billerica High School Site Council are not available. Open Meeting Law Given that this appeal is related to the possible lack of creation of agendas and minutes, this raises issues that potentially invoke the Open Meeting Law. An interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office. See G. L. c. 30A, § 23. It is recommended that Ms. Healy contacts the AGO should she seek a determination on this issue. Sincerely, Rebecca S. Murray Supervisor of Records cc: Doreen Healy