Custodial Index of Records:
To facilitate closure of this matter and to aid in the cooperation of the parties, I find that the School must provide Mr. Friedman with a custodial index of the records and the basis of the exemption claims for each record or each category of records. Please note that “the Supervisor may require a records access officer or custodian to compile an index of the requested records within the context of a public records appeal under 950 C.M.R. 32.08.” 950 C.M.R. 32.08(5)(a).
950 C.M.R. 32.08(5)(a). – Custodial Indexing of Records.
(a) the Supervisor may require a records access officer or custodian to compile an index of the requested records within the context of a public records appeal under 950 CMR 32.08.
(b) said index shall be a public record and shall meet the following requirements:
1. the index shall be contained in one document, complete in itself;
2. the index shall adequately describe each withheld record or redaction from a released record;
3. the index must state the exemption or exemptions claimed for each withheld record or each redaction of a record; and
4. the descriptions of the withheld material and the exemption or exemptions claimed for the withheld material must be sufficiently specific to permit the Supervisor to make a reasoned judgment as to whether the material is exempt.
(c) nothing in 950 CMR 32.08 shall preclude the Supervisor from employing alternative or supplemental procedures to meet the particular circumstances of each appeal.
