Molly Rockwood v. Hingham, Town of - Public Schools (SPR 20250735)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 26, 2025 SPR25/0735 Kathryn Roberts Superintendent Hingham Public School District 220 Central Street Hingham, MA 02150 Dear Superintendent Roberts: I have received the petition of Molly Rockwood, Esq., of Clifford & Kenny, LLP, appealing the response of the Hingham Public 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 December 19, 2024, Attorney Rockwood requested the following records regarding an incident that occurred on June 17, 2024: [1] Any and all investigation report(s) including draft report(s) and recommendations; [2] Any and all witness statements; [3] A copy of the investigator’s notes; [4] Any and all written correspondence including but not limited to emails and text messages related to this incident and the investigation performed by the District into the event; [5] Any and all written correspondence including but not limited to emails and text messages with the certified union representative regarding the June 17, 2024 incident. Prior Appeals This request was the subject of prior appeals. See SPR25/0343 Determination of the Supervisor of Records (February 14, 2025) and SPR25/0623 Determination of the Supervisor of Records (March 13, 2025). In my March 13th determination, I ordered the District to provide this office with un-redacted copies of records responsive to Items 1 and 3 of the request, for the purposes of conducting an in camera inspection. 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

Kathryn Roberts SPR25/0735 Page 2 March 26, 2025 The District responded to Items 4 and 5 of the request on January 7 and February 13, 2025. Unsatisfied with the responses, Attorney Rockwood petitioned this office and this appeal, SPR25/0735, 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); 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 January 7th and February 13th Responses In its January 7, 2025 response, the District assessed a fee of $200.00 to provide the responsive records. In its February 13, 2025 response, the District reduced its assessed fee to $100.00. Current Appeal In her March 17, 2025 petition to this office, Attorney Rockwood asserted that she had paid the assessed fee, but had not been provided the responsive records. Attorney Rockwood further stated, “[c]ertified mail records state that Superintendent Roberts received the check on February 21, 2025 … I have not received a response nor has the check been cashed.” Under the Public Records Law, a records custodian is not required to produce responsive records until receipt of payment of a reasonable fee. G. L. c. 66, § 10(a)(iii). Once fees are paid, a records custodian must provide the responsive records. Where the District has received payment of the reasonable fee, the District must provide the responsive records. To the extent possible, the District must provide responsive records on a rolling basis. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay).

Kathryn Roberts SPR25/0735 Page 3 March 26, 2025 Conclusion Accordingly, the District is ordered to provide Attorney Rockwood 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. Attorney Rockwood may appeal the substantive nature of the District’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Molly Rockwood, Esq.