Brian Keaney v. Dedham, Town of - Public Schools (SPR 20240846)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 2, 2024 SPR24/0846 Dr. Ian Kelly Assistant Superintendent Dedham Public Schools 100 Whiting Avenue Dedham, MA 02026 Dear Dr. Kelly: I have received the petition of Brian Keaney appealing the response of the Dedham 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 March 6, 2024, Mr. Keaney requested “all of the data collected from the ‘Dedham elementary Building Project: New Enrollment Option Feedback’ form that was circulated around town.” The School responded on March 18 and March 20, 2024. Unsatisfied with the School’s responses, Mr. Keaney petitioned this office and this appeal, SPR24/0846, 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 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 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

Dr. Ian Kelly SPR24/0846 Page 2 April 2, 2024 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 Responses In its March 18, 2024 response, the School provided redacted records. In response to the March 18th response, Mr. Keaney stated, “[t]hanks for this. I don’t need to see the contact information for the people who filled out the survey, but I would like to see the comments they left. Some of them look to be lengthy. Can you send me the sheet with that column intact?” In its March 20, 2024 response, the School stated, “[u]nfortunately, the Attorney has advised that because the comment section allowed for free responses it should be vetted for any statements that would constitute an unwarranted invasion of personal privacy before releasing. With over 600 responses to the survey, this will take a considerable amount of time.” Current appeal In his appeal, Mr. Keaney states, “[the School] has responded that it would take ‘a considerable amount of time’ to review the document and find places appropriate to redact. However, they have already had two weeks to do so. Having taken the survey myself, I can't imagine that there are very many instances (if any) where someone wrote something that the release of which would constitute an unwarranted invasion of personal privacy… I am requesting a completely unredacted copy in the original spreadsheet format.” Based on the School’s response, it is uncertain what exemption under the Public Records Law the School is claiming to withhold portions of the requested records from disclosure. It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold or redact 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 Flatley, 419 Mass. at 511 (custodian has the burden of establishing the applicability of an exemption). Consequently, I find the School must identify an exemption and explain with specificity how the exemption applies to redact the records. G. L. c. 66, § 10(b). Conclusion Accordingly, the School is ordered to provide Mr. Keaney 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 the response to this office at pre@sec.state.ma.us.

Dr. Ian Kelly SPR24/0846 Page 3 April 2, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Brain Keaney Amy Hicks