Russ Williston v. Nashoba Regional School District (SPR 20250628)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 14, 2025 SPR25/0628 Ross Mulkerin Records Access Officer Nashoba Regional School District 50 Mechanic Street Bolton, MA 01740 Dear Mr. Mulkerin: I have received the petition of Russ Williston 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 October 7, 2024, Mr. Williston requested, “[a]ll complaints received by the district regarding [a named individual].” Previous Appeals and Petition This request was the subject of prior appeals and a time petition. See SPR24/2866 Determination of the Supervisor of Records (October 31, 2024), SPR24/3096 Determination of the Supervisor of Records (November 19, 2024) and SPR25/0404 Determination of the Supervisor of Records (February 24, 2025). In my February 24th determination, I learned the District provided Mr. Williston with a supplemental response on February 21, 2025. Unsatisfied with the response, Mr. Williston petitioned this office and this appeal, SPR25/0628, 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. 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 SPR25/0628 Page 2 March 14, 2025 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. 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 February 21st response In its February 21, 2025 response, the District states, “[a]fter a diligent search … the District did not find any responsive records. On February 12, 2025, you appealed this response to the Supervisor on the grounds that you believe responsive records do exist. The District maintains that it did not find any responsive records after a diligent search in the above-noted manner.” Current Appeal In his appeal, Mr. Williston states, “[t]he district has not made an earnest effort to locate the records I requested. I confirmed with a contact within the district that the district does routine segregate the complaints it receives about teachers.” No Duty to Create Records Please be advised, under the Public Records Law a custodian 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). In a telephone call between a staff attorney of the Public Records Division and a representative of the District on March 14, 2025, the District confirmed that it does not possess any records responsive to the request. Conclusion Where the District confirmed that it does not possess records responsive to Ms. Williston’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Williston is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Ross Mulkerin SPR25/0628 Page 3 March 14, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Russ Williston