Ben Tobin v. Dudley-Charlton Regional School District (SPR 20252465)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 3, 2025 SPR25/2465 Celeste Andrade Executive Assistant to the District Office School Committee Secretary & Records Access Officer Dudley-Charlton Regional School District 68 Dudley Oxford Road Dudley, MA 01571 Dear Ms. Andrade: I have received the petition of Ben Tobin appealing the response of the Dudley-Charlton 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 2, 2025, Mr. Tobin requested “... a copy of the district’s contract with Murphy Lamere and Murphy and the line item for attorney fees in the district’s budget for the 2024-2025 school year and the line item for the 2023-2024 school year.” On August 5, 2025, Mr. Tobin amended his original request to also include the following: [1] [A]ll the paperwork the district submitted to get the high dosage literacy tutoring grant. [2] [T]he emails and text messages and any other recorded communication, of [three identified individuals] that involve the following keywords . . . Shorten, advocate, [an identified individual], PRS from the week of July 28 up to August 4th. The District responded on August 4, 2025. Unsatisfied with the District’s response, Mr. Tobin petitioned this office and this appeal, SPR25/2465, 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 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

Celeste Andrade SPR25/2465 Page 2 September 3, 2025 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. Att’y 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 4th response In its August 4, 2025 response, the District stated that it “will be working on a response to your request, which may require consultation with our attorney.” Current Appeal In his appeal. Mr. Tobin states, “I’d like to file an appeal on this records request. It’s been ten days and still have not received anything.” Timeliness in providing records 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. Tobin’s request was submitted on August 2, 2025, and amended on August 5, 2025, and the District has not provided responsive 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

Celeste Andrade SPR25/2465 Page 3 September 3, 2025 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 responsive records on a rolling basis. Conclusion Accordingly, the District is ordered to provide Mr. Tobin with a response to his 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. Tobin may appeal the substantive nature of the District’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ben Tobin