Corey Spaulding v. Nashoba Regional School District (SPR 20233038)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 3, 2024 SPR23/3038 Ross Mulkerin Director of Finance and Operations Records Access Officer Nashoba Regional School District 50 Mechanic Street Bolton, MA 01740 Dear Mr. Mulkerin: I have received the petition of Corey Spaulding appealing the response of the Nashoba 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 September 26, 2023, Ms. Spaulding stated the following: [1.] How did NRSC process/control federal and state grants prior to your new policy per the MASC 2021? [2.] What minutes would reflect this new policy? [3.] Who is your legal counsel? On October 12, 2023 Corey Spaulding modified her request to include the following: [4.] If you click on a link - it again brings you to a broken page[.] [5.] There is no policy for DD prior to 2021[.] The District respondee on October 12, 2023 and October 25, 2023. Unsatisfied with the responses, Corey Spaulding petitioned this office and this appeal, SPR23/3038, 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, 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

Ross Mulkerin SPR23/3038 Page 2 January 3, 2024 § 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. The District’s October 12th and October 25th responses In its October 12, 2023 response, the District stated, “...grants can be found in DD, linked here ... It is my understanding that although the policy was updated in 2021 when the manual was made fully electronic, the previous iteration was similar and in compliance with the same statute cited within the policy.” On October 25, 2023, the District further advised, “... the information I believe you are seeking is now visible on our website in our archived materials sections. In trying to respond to you, I discovered last week that in the new website transfer, some materials were misplaced. They are now available.” Current appeal In the appeal, Corey Spaulding advised, “[a]ppeal for failure to respond.” No Duty to Create Records Please be advised, under the Public Records Law the Division is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, 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). 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). Conclusion Accordingly, where the District has provided responses on October 12th and October 25th, and is not required to answer questions, I will now consider this administrative appeal closed. Corey Spaulding is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c).

Ross Mulkerin SPR23/3038 Page 3 January 3, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Corey Spaulding