Math Parents Belmont v. Belmont, Town of - Town Clerk (SPR 20222930)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 30, 2022 SPR22/2930 Ellen O’Brien Cushman Town of Belmont Office of the Town Clerk 455 Concord Avenue Belmont, MA 02478 Dear Ms. O’Brien Cushman: I have received the petition of Belmont Math Parents appealing the response of the Town of Belmont (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 25, 2022, the requestor sought the following records: 1. a list of all Belmont School Committee Curriculum and Instruction Subcommittee meetings held since 2007 2. the minutes for each meeting 3. the date of approval for each of the minutes The Town provided responses on October 27, 2022 and November 7, 2022. Unsatisfied with the Town’s responses, the requestor petitioned this office and this appeal, SPR22/2930, 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(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific 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

Ellen O’Brien Cushman SPR22/2930 Page 2 December 30, 2022 exemption or exemptions upon which the withholding is based…”); 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). 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 Town’s Responses In its October 27, 2022 response, the Town stated, “[a]ll past minutes may be found in the School Committee ‘Minutes Archive’ section of the website. They are grouped by school year.” In its November 7, 2022 response, the Town advised, “[t]here is no list of Belmont School Committee Curriculum and Instruction Subcommittee meetings held since 2007. Approval of minutes may be found in the minutes of subsequent meetings, all of which are publicly available on our website.” Current appeal In the appeal, the requestor stated, “[t]he School Committee Minutes Archive website does not contain all past minutes, nor does it contain the specific information requested in records request… There are no minutes provided for any meetings from 2007 through 11/2012 or from 11/2012 through 11/2018, despite the fact many meetings were held during those years. There are no minutes for 12/19/19 or 1/28/20, despite the fact that agendas were publicly posted for meetings on those 2 dates….” In light of the claims made by the requestor, it is unclear if the Town possesses additional records that may be responsive to the request. 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). To the extent that additional records exist, I find the Town must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the Town is ordered to provide the requestor 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.

Ellen O’Brien Cushman SPR22/2930 Page 3 December 30, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Belmont Math Parents