Patrick D. McPhee v. North Middlesex Regional School District (SPR 20242478)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 13, 2024 SPR24/2478 Robin Eibye Records Access Officer North Middlesex Regional School District 66 Brookline Street Townsend, MA 01469 Dear Ms. Eibye: I have received the petition of Patrick McPhee appealing the response of the North Middlesex Regional School District (District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 14, 2024, Mr. McPhee requested: . . . the contract between the NMRSD and the Broker for Health care insurance. Please under public records law provide a list of Employees/Non-Employees on the NMRSD Health care and which Employees/Non-Employees opted out. Please include Cobra insurance. Please include what percent the Employees/Non- Employees of the insurance they are paying. Are all the employees full time works, if not please provide the hours of the non-full Timers I am trying to understand why certain people interpret the NMRSD’s Health insurance plans differently. The NMRSD’s insurance is not self-ensured. We fall under the State Insurance Commission regulation. Is it true that the NMRSD still holds the Health Care slots open in case those who opted out for the (Choose Buy Back $5,000.) can change their minds? If this is true, why offer buyback, it defeats the purpose if it costs the Tax payers extra? This defies the State of Massachusetts Open enrollment fiscal year period when people can enroll in, renew, or change health plans? Does the Town participate in qualifying life event (QLE), change of Life event? ‘Under State of Massachusetts’ Is the health care 90/10, 80/20 or 70/30 (Town pays/Employee Pays) I am asking the Townsend, Ashby and Pepperell for the same information to compare who is price conscious for Town’s Tax payers? The District responded on August 27, 2024, providing some records responsive to the request and stating that there were no further responsive records. Unsatisfied with the response, Mr. McPhee petitioned this office and this appeal, SPR24/2478, was opened as a result. 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

Robin Eibye SPR24/2478 Page 2 September 13, 2024 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); 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. 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 District’s August 27th response In its August 27, 2024 response, the District states, “[e]nclosed, please find the agreement between the District and its insurance broker. The District does not possess any other documents responsive to your request but is enclosing a document addressing components of the opt out program that is as closely responsive to the remainder of your request as the District possesses. Moreover, the District is not required to answer questions, do research, provide information, or create documents. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977).” Current appeal In their appeal petition, Mr. McPhee states that he did not get what he was asking for. Specifically, he states that he is looking for: [1] [A] list of Employees/Non-Employees on the NMRSD Health care and which Employees/Non-Employees opted out. [2] Please include Cobra insurance. [3] Please include what percent the Employees/Non-Employees of the insurance they are paying. [4] Are all the employees full time works, if not please provide the hours of the non-full timers[.] [5] Is the health care 90/10, 80/20 or 70/30 (Town pays/Employee Pays) Based on Mr. McPhee’s appeal and the District’s response to the request, it is unclear if the District possesses any additional records responsive to the request. The duty to comply with

Robin Eibye SPR24/2478 Page 3 September 13, 2024 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). However, 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). If the District does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a 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”). Conclusion Accordingly, the District is ordered to provide Mr. McPhee with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Patrick McPhee