Michael Pacy v. Shrewsbury, Town of - Public Schools (SPR 20251576)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 9, 2025 SPR25/1576 Chris Girardi Records Access Officer Shrewsbury Public School District 100 Maple Avenue Shrewsbury, MA 01545 Dear Mr. Girardi: I have received the petition of Michael Pacy appealing the response of the Shrewsbury 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 April 9, 2025, Mr. Pacy requested “… a survey [sent] via ParentSquare on 11/27/2024 called School Climate and Culture survey … limit the [request] to the High School[.]” The District responded on April 17, May 13, and May 28, 2025. Unsatisfied with the responses, Mr. Pacy petitioned this office and this appeal, SPR25/1576, 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. 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

Chris Girardi SPR25/1576 Page 2 June 9, 2025 The District’s April 18th, May 13th, and May 28th Responses In its April 18, 2025 response, the District assessed a fee of $212.50 to provide the responsive records. Subsequently on April 18, 2025, Mr. Pacy paid the assessed fee. In its May 13, 2025 response, the District informed Mr. Pacy that it had finished editing the responsive records and forwarded them to legal counsel for review. In its May 28, 2025 response, the District informed Mr. Pacy that its legal counsel was in the process of reviewing the responsive records. Current Appeal In his May 30, 2025 petition to this office, Mr. Pacy claimed that despite having paid the assessed fee, he had received no responsive records. Payment of Fees 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 it appears 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). Conclusion Accordingly, the District is ordered to provide Mr. Pacy 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. Pacy 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: Michael Pacy