Sara Hincapie v. Bristol Community College (SPR 20250469)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 27, 2025 SPR25/0469 Joyce Brennan Vice President of Marketing & Communication Bristol Community College 777 Elsbree Street Fall River, MA 02720 Dear Ms. Brennan: I have received the petition of Sara Hincapie appealing the response of the Bristol Community College (College) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 10, 2025, Ms. Hincapie requested: [1.] [C]opies of the policies and procedures of the Student Wellness Center for 2024 and 2025[;] [2.] [Y]our process and supporting documentation of the steps the college took to verify degrees/education, and licensure of the individual hired for the position of Senior Mental Health Counselor/Senior Special Program Coordinator (Counseling Service, P.T.)[;] [3.] [W]ho was the supervisor(s) (if supervision changed) in charge of the employee hired for the position of Senior Mental Health Counselor/Senior Special Program Coordinator (Counseling Service, P.T.) during the tenure of that employee[;] [4.] [A] copy of any ‘special permissions’ granted to your Attleboro Senior Mental Health Counselor and any members of the Wellness Department. The College responded on February 14, 2025. Unsatisfied with the College’s response, Ms. Hincapie appealed, and this case, SPR25/0469, 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

Joyce Brennan SPR25/0469 Page 2 February 27, 2025 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. Current Appeal In her appeal, Ms. Hincapie states: The college … has denied or redirected portions of my request by claiming they are duplicative of prior requests #231 and #243. However, my latest request contains substantive modifications, greater specificity, and additional clarifications that differentiate it from prior requests…. [1] While the college did provide some policy documents, my request explicitly asked for all policies for 2024 and 2025. However, the response included policies from 2020 and 2023 already previously received, which do not align with my request. I am only interested in records from 2024 onward. Furthermore, these older documents appear to be included in the initial four hours of free search time, which should have been allocated solely for the requested 2024-2025 documents…. [2] The college states this request is a duplicate of PRR #243. However, my new request is more detailed and requests additional documentation, not just a general confirmation of verification processes. The college previously stated that ‘no such records exist’ for PRR #243, yet my new request asks for any supporting documentation related to verification steps during hiring and tenure of this specific staff member. This modification warrants a new review and response. [3] The college asserts this is a duplicate of PRR #231, yet my request specifies

Joyce Brennan SPR25/0469 Page 3 February 27, 2025 verification of any supervisor changes throughout the tenure of the employee in question, which was not explicitly requested in PRR #231. This clarification is significant and requires a separate response. [4] The college claims this is a duplicate of PRR #243, yet my revised request explicitly excludes interns and adds a legal basis for why such permissions are of public concern. Additionally, I have requested documentation that was not part of PRR #243. The college’s refusal to acknowledge these distinctions prevents access to potentially responsive records. The College’s February 14th Response In its February 14, 2025 response, the College provided some records responsive to the request, and states that is has already provided all other records or information related to these requests in previous appeals and that it has no additional responsive records. Records in Existence 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). Additionally, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Further, in accordance with the Public Records Law, 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). In a telephone conversation between a staff attorney of the Public Records Division and the College on February 20, 2025, the College confirmed that it has provided all records responsive to the request and that no additional records exist. Conclusion Where the College confirmed that it has provided all responsive records, and that it does not possess additional records responsive to Ms. Hincapie’s request, I will now consider this administrative appeal closed. If Ms. Hincapie is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Joyce Brennan SPR25/0469 Page 4 February 27, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Sara Hincapie