Bob Brooks v. Northeast Metropolitan Regional Vocational Technical (SPR 20230702)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 24, 2023 SPR23/0702 Superintendent David DiBarri Northeast Metropolitan Regional Vocational School District 100 Hemlock Road Wakefield, MA 01880 Dear Superintendent DiBarri: I have received the petition of Bob Brooks appealing the response of the Northeast Metropolitan Regional Vocational School District (School) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On March 16, 2023, Mr. Brooks requested the following records: [1] List of start dates (and end dates, if applicable) for current and past NEMT School Building Committee members[;] [2] Completed Certificates of Receipt of Open Meeting Law Materials for current and past NEMT School Building Committee members[.] The School provided a response on March 29, 2023. Unsatisfied with the School’s response, Mr. Brooks petitioned this office and this appeal, SPR23/0702, 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 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

Superintendent David DiBarri SPR23/0702 Page 2 April 24, 2023 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 29th response On March 29, 2023, the School stated the following: The [School] wanted to respond within the ten business day period to your request. We are still waiting for information from the state regarding a fee assessment for the requested research. Once we hear back from them, we will pass along that information to you for your consideration. Current appeal In his current appeal, Mr. Brooks states the following: Today is the 16th business day and I have not heard anything further about the estimated cost or when the request might be filled. The RAO’s response on Day 9 suggested she had not begun to gather the information requested. Provide timeframe G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Whereas Mr. Brooks’ request was submitted on March 16, 2023, the School has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently,

Superintendent David DiBarri SPR23/0702 Page 3 April 24, 2023 I find the School must provide an estimated date as to when it intends to complete the search and provide the responsive 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. Conclusion Accordingly, the School is ordered to provide Mr. Brooks 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. Mr. Brooks may appeal the substantive nature of the School’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Bob Brooks