Rebecca Phenix v. Dartmouth, Town of - Public Schools (SPR 20253025)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 22, 2025 SPR25/3025 Kathleen Genthner Administrative Assistant to the Superintendent of Schools Dartmouth Public Schools 8 Bush Street Dartmouth, MA 02748 Dear Ms. Genthner: I have received the petition of Rebecca Phenix appealing the response of the Dartmouth Public Schools (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 15, 2025, Ms. Phenix requested: [1] The exact version of the ADF Wellness Policy that was presented for a first reading on January 6, 2025 and approved by the Dartmouth School Committee on January 27, 2025…[;] [2] All drafts, redlined versions, or revisions of the ADF Wellness Policy circulated to the School Committee in preparation for the meetings on January 6, 2025 & January 27, 2025[;] [3] The full meeting packet that was referenced during the January 6, 2025 School Committee meeting (including any cover memos or summary sheets) provided to the Committee members. This includes both the January 6, 2025 first reading packet and the January 27, 2025 second reading/vote packet[;] [4] The version of the ADF Wellness Policy transmitted for posting on the district’s website including the file creation and all transmittal dates[.] Previous Appeal This request was the subject of a previous appeal. See SPR25/2981 Determination of the Supervisor of Records (October 16, 2025). In my October 16th determination, I closed SPR25/2981 in light of the School providing a response on September 16, 2025. Unsatisfied with the School’s response, Ms. Phenix petitioned this office and this appeal, SPR25/3025, was 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 Genthner SPR25/3025 Page 2 October 22, 2025 opened as a result. While this appeal was pending, the School provided a supplemental response on October 20, 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. 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 School’s September 16th and October 20th Responses In its September 16, 2025 response, the School provided four PDF attachments of responsive records. In its supplemental response on October 20, 2025, the School stated, “[t]he District has responded to items 1 through 3 and has no further information to add. Item 4: The file creation date is September 4, 2025; the District’s ADF Wellness Policy was posted on its website on September 5, 2025.” Current Appeal In her appeal petition, Ms. Phenix argued that there is a discrepancy between the adopted and posted versions of the policies and that the School has not provided all records responsive to her request. In a subsequent email to this office on October 17, 2025, Ms. Phenix provided an email she received from the School on October 10, 2025, clarifying that “the district’s alleged September 16, 2025 response… was never received by me because it was sent to an incorrect email address... As such, the September 16th transmission cannot be considered a valid or timely response under M. G. L .c. 66 § 10(b) and 950 CMR 32.06(2)(a).”

Kathleen Genthner SPR25/3025 Page 3 October 22, 2025 In a telephone conversation between the School and this office on October 21, 2025, the School confirmed that it does not possess any additional records responsive to the request. 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). Further, 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 Given that the School has confirmed that it possesses no additional records responsive to the request, and this office has no authority to compel the School to create records, I will consider this administrative appeal closed. If Ms. Phenix 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). Sincerely, Manza Arthur Supervisor of Records cc: Rebecca Phenix