Katie Meinelt v. Winchester, Town of - Public Schools (SPR 20232813)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2023 SPR23/2813 Superintendent Frank Hackett Winchester Public Schools 80 Skillings Road Winchester, MA 01890 Dear Superintendent Hackett: I have received the petition of Katie Meinelt appealing the response of the Winchester 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 August 25, 2023, Ms. Meinelt requested: [1.] [A]ll records relating to open enrollment for the 2023/2024 school year… [2.] [C]ommunications amongst school employees regarding open enrollment spots for the 2023/2024 school year [3.] [A]ll records relating to waitlists at each school and each grade for the 23/24 school year (appropriately redacted). [4.] Specific to my son, I am requesting records showing where he falls on the waitlist at VO. [5.] [R]ecords showing the number of students in each classroom in each school throughout the district. [6.] [A]ll records discussing the outdoor space available to students at Parkhurst… The School responded on September 11, 2023 and October 5, 2023. Unsatisfied with the School’s responses, Ms. Meinelt petitioned this office and this appeal, SPR23/2813, 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

Superintendent Frank Hackett SPR23/2813 Page 2 December 4, 2023 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. The School’s September 11th and October 5th Responses In the School’s September 11, 2023 response, the School provided records and stated, “[the School has] provided some additional documents as attachments, but [the School] will need additional time to produce records for #2 and #6.” In its October 5, 2023 response, the School provided records related to Item 6. Current Appeal In her appeal, Ms. Meinelt states, “I never received the other information requested.” In light of the School’s response and Ms. Meinelt’s appeal, it is unclear if the School possesses additional records that may be responsive to Item 2 of 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 responsive records exist, I find the School 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 School is ordered to provide Ms. Meinelt with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 10 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. Sincerely, Manza Arthur Supervisor of Records cc: Katie Meinelt