Judy Brasier v. Medfield, Town of - Public Schools (SPR 20222823)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 16, 2022 SPR22/2823 Michael La Francesca Director of Finance and Operations Medfield Public Schools 459 Main Street, Third Floor Medfield, MA 02052 Dear Mr. La Francesca: I have received the petition of Judy Brasier appealing the response of the Medfield Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 4, 2022, Ms. Brasier requested “a copy of the collaborative agreement between Medfield and Accept and any amendments” along with numerous other categories of records. Previous Appeal This request was the subject of a previous appeal. See SPR22/0956 Determination of the Supervisor of Records (May 9, 2022). In my May 9th determination, I found that the School may assess a fee to produce records, and ordered the School to revise its fee estimate. Subsequently, on May 20, 2022, in a letter to this office, later forwarded to Ms. Brasier, the School revised its fee estimate. I understand that Ms. Brasier paid the fees on June 13, 2022, and the School provided her with numerous records. Unsatisfied with the School’s response, and contending that the School possesses additional responsive records, Ms. Brasier appealed, and this case 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). 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

Michael La Francesca SPR22/2823 Page 2 December 16, 2022 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. 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 Responses In its May 20, 2022 revised fee estimate, the School indicates that the responsive records consist of “4,000 sheets of paper.” In correspondence included with her appeal petition, Ms. Brasier contends that although she has paid the fees requested by the School, the School has not provided her with all responsive records. In her appeal petition, Ms. Brasier explains that while the School stated it had approximately 4,000 pages of responsive records, she has received only approximately 1,000 pages. Additionally, in a chart provided with her appeal petition, Ms. Brasier describes multiple categories of her request where the responsive records provided by the School appear to be incomplete, including various categories of emails, text messages, invoices and other funding documentation. Please be advised that 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). Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). In this case, based on the information provided in Ms. Brasier’s appeal petition, it is unclear why the School has not provided all the records described in the School’s May 20th revised fee estimate. Consequently, I find the School must provide an estimated date as to when it intends to provide the outstanding records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the School must provide responsive records on a rolling basis. I understand a staff attorney of the Public Records Division attempted unsuccessfully to contact a representative of the School by phone to discuss these matters. Conclusion Accordingly, the School is ordered to provide Ms. Brasier with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us.

Michael La Francesca SPR22/2823 Page 3 December 16, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Judy Brasier