Pierre R. Groleau v. Nashoba Regional School District (SPR 20251314)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 20, 2025 SPR25/1314 Ross Mulkerin Director of Finance and Operations Nashoba Regional School District 50 Mechanic Street Bolton, MA 01740 Dear Mr. Mulkerin: I have received the petition of Pierre R. Groleu appealing the response of the Nashoba Regional School District (District) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 28, 2025, Mr. Groleu requested, “. . . certified payroll records from the new Nashoba Regional construction project. Specifically, this is a request for copies of the certified payrolls and contract for Chesapeake Geosystems, Inc. and any sub[contractors] employed by Chesapeake Geosystems, Inc. to install the geothermal well field and all associated work.” The District responded on May 9, 2025. Unsatisfied with the School’s response, Mr. Groleu petitioned this office and this appeal, SPR25/1314, 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

Ross Mulkerin SPR25/1314 Page 2 May 20, 2025 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 May 8th Response In its May 9, 2025 response, the District stated, “[t]he records of certified payroll are attached to the same email as this response. The contract is between Chesapeake Geosystems and Consigli Construction and not a matter of public record with the [District].” Current Appeal In his May 12, 2025 petition to this office, Mr. Groleau stated, “[t]he document that was denied was a copy of the contract between Consigli Construction and Chesapeake Geosytems for work on a geothermal field at the new Nashoba Valley Regional School project in Bolton, MA. It is my belief that this being a public works project – the contract is part of the public record because the project is funded by the public and therefore should be accessible to the public.” Agency Relationship The District is advised that 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). Further, 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). Additionally, public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289-90 (1979). Where a public entity contracts with a third party to fulfill its public duties, and the public entity exercises control over that third party, an agency relationship is created. See Fifty-one Hispanic Residents of Chelsea v. School Committee of Chelsea, 421 Mass. 598, 607 (1996) (while subject to control of a public entity as a principal for purposes of performing public duties, private university is a public agent). Wherever a record custodian keeps original public records in a location other than the government building, he or she has a duty to make the public records available in a location convenient to the general public for inspection and copying. Based on the District’s response, it remains unclear whether there is an agency relationship between the District, Consigli Construction and Chesapeake Geosystems, Inc. As such, I find that the District must provide additional information regarding the scope of the relationship between it, Consigli Construction, and Chesapeake Geosystems, Inc. in order to determine whether it has met its burden under G. L. c. 66, § 10(a)(ii) to provide records that are in the possession, custody, or control of the custodian of records at the time of the request.

Ross Mulkerin SPR25/1314 Page 3 May 20, 2025 Conclusion Accordingly, the District is ordered to provide Mr. Groleu with a response to his request 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 this response to this office at pre@sec.state.ma.us. Mr. Groleu may appeal the substantive nature of the District’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Pierre R. Groleu