Michael Pacy v. Shrewsbury, Town of - Public Schools (SPR 20251584)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 11, 2025 SPR25/1584 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 May 2, 2025, Mr. Pacy requested, “… the survey results for a survey sent out on April 17, 2025 via the Superintendent Update email … I am requesting both survey results for the Parent/Community one and Staff one.” On May 16, 2025, Mr. Pacy clarified that he was not seeking the comments section from either survey. The District responded on June 2, 2025. Unsatisfied with the response, Mr. Pacy petitioned this office and this appeal, SPR25/1584, 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. 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 SPR25/1584 Page 2 June 11, 2025 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 June 2nd Response In its June 2, 2025 response, the District stated, [T]he Superintendent has indicated that he plans to share the information that is connected to your updated request (the multiple choice response items for both parent and staff surveys that he sent regarding his evaluation) in a public communication that he is planning to send sometime this week. This will make that information available to the public. Current Appeal In his June 5, 2025 petition to this office, Mr. Pacy stated that he had received no further response from the District. G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. Pacy’s modified request was submitted on May 16, 2025, and the District has not provided the requested records, I find the District has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the District must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the District must provide the requested records on a rolling basis.

Chris Girardi SPR25/1584 Page 3 June 11, 2025 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 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