Megan Hamilton-McKeon v. Mashpee, Town of - Public Schools (SPR 20240195)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 1, 2024 SPR24/0195 Patricia DeBoer Superintendent Mashpee Public Schools 150A Old Barnstable Road Mashpee, MA 02649 Dear Superintendent DeBoer: I have received the petition of Megan Hamilton-McKeon appealing the response of the Mashpee 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 January 10, 2024, Ms. Hamilton-McKeon stated, “[w]hat is the pay period for the paychecks as I was looking forward to receiving one for the substituting I did before break.” The School provided a response on January 18, 2024. Unsatisfied with the School’s response, Ms. Hamilton-McKeon petitioned this office and this appeal, SPR24/0195, 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) (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 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). 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 Patricia DdBoer SPR24/0195 Page 2 February 1, 2024 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. Current Appeal In her appeal, Ms. Hamilton-McKeon states, “[t]he basis as to what is at issue regarding the request sent is that personnel records, in this case the paycheck are necessary while paying fees for filing in court, etc and of course general living.” Subsequent to the opening of the current appeal, on January 24, 2024, Ms. Hamilton- McKeon sent an email to this office and stated, “[a]n update regarding Mashpee Public Schools is that they online system regarding substituting was reactivated and a December payment is arranged for the end of the week.” Based upon a telephone conversation between a Public Records Division staff member and a representative of the School, it is my understanding that Ms. Hamilton-McKeon was provided with her paycheck on January 26, 2024. Based on Ms. Hamilton-McKeon’s January 24th email, and the above referenced telephone conversation, it is my understanding that the parties cooperated to produce the records. Conclusion Accordingly, whereas the parties have collaborated to fulfill Ms. Hamilton-McKeon’s request, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Megan Hamilton-McKeon