Lincoln, Tracey v. Bridgewater Raynham Regional School District (SPR 20260799)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 17, 2026 SPR26/0799 Judy MacDougall Director of Public Records Bridgewater Raynham Regional School District 166 Mt. Prospect Street Bridgewater, MA 02324 Dear Ms. MacDougall: I have received the petition of Tracey Lincoln appealing the response of the Bridgewater Raynham Regional School District (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 6, 2026, Ms. Lincoln requested, “[a] copy of the CAP for PRS 14305. ‘By December 19, 2025, the District will submit to the Department the status of hiring for the licensed special education teacher in Classrooms 111 and 112.’” The School responded on March 4, 2026. Unsatisfied with the response, Ms. Lincoln petitioned this office and this appeal, SPR26/0799, 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

Judy MacDougall SPR26/0799 Page 2 March 17, 2026 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 March 4th Response In its March 4, 2026 response, the School stated, “[t]he information you seek is a DESE document. To ensure you receive the most accurate and up-to-date information, contact the Department of Elementary and Secondary Education. They will provide you with the information you seek.” Current Appeal In her appeal, Ms. Lincoln states, “[t]he District did not produce the requested record, did not cite any exemption under the Public Records Law, and instead stated the CAP is ‘a DESE document’ and told me to contact DESE.” Records in Existence The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on the School’s response, in conjunction with the information provided in Ms. Lincoln’s appeal, it is unclear whether the School possesses records responsive to Ms. Lincoln’s request. If the School does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the School is ordered to provide Ms. Lincoln 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. Ms. Lincoln may appeal the substantive nature of the School’s response within ninety days. See 950 C.M.R. 32.08(1).

Judy MacDougall SPR26/0799 Page 3 March 17, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Tracey Lincoln