Erin McCarthy v. Pioneer Valley Chinese Immersion Charter School (SPR 20251501)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 30, 2025 SPR25/1501 Kathleen Wang Principal Pioneer Valley Chinese Immersion Charter School 317 Russell Street Hadley, MA 01035 Dear Principal Wang: I have received the petition of Erin McCarthy appealing the response of the Pioneer Valley Chinese Immersion Charter School (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 15, 2025, Ms. McCarthy requested “… the staff surveys with written comments for the 2022-2023 and 2023-2024 school years.” The School responded on April 30, 2025. Unsatisfied with the response, Ms. McCarthy petitioned this office and this appeal, SPR25/1501, was opened as a result. Subsequent to the opening of this appeal, the School provided a supplemental response on May 30, 2025. 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. 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. 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

Kathleen Wang SPR25/1501 Page 2 May 30, 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 School’s April 30th Response In its April 30, 2025 response, the School provided Ms. McCarthy with responsive records. Current Appeal In her May 28, 2025 petition to this office, Ms. McCarthy sought “… scanned copies of these surveys (in color), along with all written responses/comments on the surveys.” In its May 30, 2025 response, the School informed Ms. McCarthy that it “… does not have any written comments from these surveys; no such documents are in the possession of the School. Additionally, the School does not have a copy of the surveys in color form.” 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 only 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 Given that all responsive records have been provided, and this office has no authority to compel the School to create records, I will now consider this administrative appeal closed. If Ms. McCarthy 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 of Massachusetts. G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Erin McCarthy Kimberly Roche, Esq.