Corey Spaulding v. Weston, Town of - Public Schools (SPR 20232934)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 18, 2023 SPR23/2934 Steve Nembirkow Assistant Superintendent for Finance and Operations Weston Public Schools 89 Wellesley Street Weston, MA 02493 Dear Ms. Matthews: I have received the petition of Corey Spaulding appealing the response of the Weston 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 October 25, 2023, Ms. Spaulding requested: [A]ny and all information regarding federal and state grants for the past 5 years. Please be specific and include: [1.] all applications, awards, receipts, invoices for services/goods [2.] all personnel from Weston and State and Federal agencies [3.] dates, accounts, staff involved in the control of the accounts where the grants are deposited [4.] audits [5.] minutes that reflect the acceptance, approval of grants[.] The School responded on October 25, 2023. Unsatisfied with the response, Ms. Spaulding petitioned this office and this appeal, SPR23/2934, was opened was 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

Steve Nembirkow SPR23/2934 Page 2 December 18, 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 October 25th Response In its October 25, 2023 response, the School stated, “I am forwarding your email to the Weston Public School District’s public access officer for processing and to issue a response within ten business days pursuant to the open records act.” Based on the School’s response, it is unclear if the School possesses any records 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). 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). The School must clarify whether it possesses records responsive to the request. Conclusion Accordingly, the School is ordered to provide Ms. Spaulding 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 the 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. Ms. Spaulding may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Corey Spaulding Kenneth Newberg