Bedford Parent v. Bedford, Town of - Public Schools (SPR 20252991)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 23, 2025 SPR25/2991 Erin Crowley Executive Coordinator Bedford Public Schools 97 McMahon Road Bedford, MA 01730 Dear Ms. Crowley: I have received the petition of Bedford Parent (requestor) appealing the response of the Bedford Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 28, 2025, the requestor sought …copies of any and all written complaints, grievances, concerns, or issues raised regarding [an identified individual], from January 1, 2023, to the present. This request includes, but is not limited to: [1] Emails, letters, memoranda, or other correspondence sent to or from any School Committee member, Superintendent, or other district administrators regarding [an identified individual], including any internal discussions, replies, forwards, or deliberations related to those communications, including complaints from staff, teachers, or parents. [2] Investigative records, summaries, findings, or reports prepared by or for the District concerning such complaints or issues. [3] Notes, drafts, or communications documenting the District’s handling, responses, or decision-making about these matters. [4] Any records, communications, or directives concerning principals or other administrators placed on performance improvement plans or similar oversight programs under [an identified individual’s] direction. Prior Appeal This request was the subject of a prior appeal. See SPR25/2713 Determination of the Supervisor of Records (September 24, 2025). In my September 24th determination, I found that it was unclear whether the School had provided the requestor with a response to their request, and 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

Erin Crowley SPR25/2991 Page 2 October 23, 2025 ordered that the School do so within ten (10) business days. The School responded on September 25, September 26, and October 10, 2025. Unsatisfied with the School’s responses, the requestor petitioned this office and this appeal, SPR25/2991, 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. 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 School’s Responses In its September 25, 2025 response, the School asked that the requestor narrow the scope of Item 1 of the request and sought additional clarification regarding Items 2 and 3. Subsequently on September 25th, the requestor clarified their request. In its September 26, 2025 response, the School acknowledged receipt of the requestor’s clarification, and stated that the request was under review by legal counsel. In its October 10, 2025 response, the School stated “[t]he records you have requested require a search of our email system that we are unable to complete at this time due to staffing limitations. Accordingly, additional time is needed to fulfill your request. We anticipate providing the responsive records within thirty (30) days.” Current Appeal In their appeal, the requestor states, “[the School’s October 10th response] does not include a date-certain production schedule, a statement of good cause, a segregability explanation, or any petition to your office for additional time as required by G.L. c. 66 § 10 and 950 CMR 32.00.”

Erin Crowley SPR25/2991 Page 3 October 23, 2025 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 the request was originally submitted on August 28, 2025, and the School has not provided responsive records, I find that the School has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, the School 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 School must provide responsive records on a rolling basis. Conclusion Accordingly, the School is ordered to provide the requestor with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 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. The requestor may appeal the substantive nature of the School’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Bedford Parent