Ben Tobin v. Dudley-Charlton Regional School District (SPR 20252913)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 16, 2025 SPR25/2913 Celeste Andrade Records Access Officer Dudley-Charlton Regional School District 68 Dudley Oxford Road Dudley, MA 01571 Dear Ms. Andrade: I have received the petition of Ben Tobin appealing the response of the Dudley-Charlton 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 August 2, 2025, Mr. Tobin requested “... a copy of the district’s contract with [an identified law firm] and the line item for attorney fees in the district’s budget for the 2024-2025 school year and the line item for the 2023-2024 school year.” On August 5, 2025, Mr. Tobin amended his original request to include the following: [1] [A]ll the paperwork the district submitted to get the high dosage literacy tutoring grant[;] [2] [T]he emails and text messages and any other recorded communication, of [three identified individuals] that involve the following keywords . . . Shorten, advocate, [an identified individual], PRS from the week of July 28 up to August 4th. Prior Appeal This request was the subject of a prior appeal. See SPR25/2465 Determination of the Supervisor of Records (September 3, 2025). In my September 3rd determination, I found that the District had not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). The District responded to Mr. Tobin on September 26, 2025. Unsatisfied with the District’s response, Mr. Tobin petitioned this office and this appeal, SPR25/2913, was opened as a result. 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

Celeste Andrade SPR25/2913 Page 2 October 16, 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. 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 September 26th Response In its September 26, 2025 response, the District produced responsive email communications and stated: The information I provide herein (together with any information provided in prior correspondence, if applicable) represents, to the best of my knowledge, a complete and accurate response to the request made to the [District]. A diligent search of my cellular phone was conducted, and no responsive text messages were located. Assistant Superintendent Kelly True stated, in response to your request seeking grant application documents for the Early Literacy High Dosage Tutoring Grant from the Department of Elementary and Secondary Education, [the District] did not utilize a formal grant application process for this particular grant. Instead the process consisted of the submission of a Letter of Interest via an online survey. As such, no traditional application documents exist for this grant. Current Appeal In his appeal, Mr. Tobin stated, “I still haven’t received a response to my requests. I was given another student’s records and some adverts but not any of the records I put in for.” Mr. Tobin further stated, “I’d also requested the contract with their law firm and line item from the budget for legal expenses. I also requested emails to do with certain key words and those were not reflected in the documents I was sent.”

Celeste Andrade SPR25/2913 Page 3 October 16, 2025 Based on Mr. Tobin’s claims, in conjunction with the District’s response, it is unclear if the District possesses any additional records responsive to the request. 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). However, 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). Consequently, the District must clarify whether any additional responsive records exist. Conclusion Accordingly, the District is ordered to provide Mr. Tobin with a response to the request, provided 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 the response to this office at pre@sec.state.ma.us. Mr. Tobins 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: Ben Tobin