Brandon Stokes v. Uxbridge, Town of - Public Schools (SPR 20241203)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 6, 2024 SPR24/1203 Barbara J. Emerick Executive Assistant to the Superintendent Uxbridge Public Schools 9 North Main Street Uxbridge, MA 01569 Dear Ms. Emerick: I have received the petition of Brandon Stokes, of 7NEWS WHDH Boston, appealing the response of the Uxbridge 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 April 9, 2024, Mr. Stokes requested “…video related to a student’s school‐issued laptop that started smoking during a test at approximately 9:30 am on 4/9/24 [including] ... video showing: [t]he laptop smoking/on fire[;] s]moke filling any classroom/ hallway[;] [and][t]he emergency response.” The School responded on April 22, 2024. Unsatisfied with the response, Mr. Stokes petitioned this office and this appeal, SPR24/1203, 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). 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

Barbara J. Emerick SPR24/1203 Page 2 April 6, 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. The School’s April 22nd response In its April 22, 2024 response, the School stated, “... this situation is still under investigation and therefore I cannot release this information to you at this time.” The School’s April 22, 2024 response did not contain the specificity required in a denial of access to public records. The School withheld the requested records without claiming any exemption(s) in the Public Records Law that would support the withholding of the responsive records. Under the Public Records Law, the burden shall be upon the custodian to prove with specificity the exemption which applies. G. L. c. 66, § 10(b)(iv); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. As a result, I find that the School did not satisfy its burden in responding to this records request. Consequently, the School must identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Further, based on the School’s response, it is unclear what types of records it possesses that it is withholding from disclosure. To deny access to a record under the Public Records Law, a records access officer must identify the record, categories of records, or portions of the record it intends to withhold. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3)(c)(4). Here, the School withheld responsive records without identifying each of the records. Therefore, the School must identify what type of record(s) it has in its possession that the School withheld. Conclusion Accordingly, the School is ordered to provide Mr. Stokes 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. Mr. Stokes 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: Brandon Stokes