Corey Spaulding v. Dartmouth, Town of - Select Board Office (SPR 20253063)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 24, 2025 SPR25/3063 Chris Vitale Assistant Town Administrator Town of Dartmouth 400 Slocum Road Dartmouth, MA 02747 Dear Assistant Town Administrator Vitale: I have received the petition of Corey Spaulding appealing the response of the Town of Dartmouth (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 10, 2025, Ms. Spaulding requested “any and all documents for all grants received by the Dartmouth Select Board for the past 5 years” and “to include an email address for the Select Board.” On October 20, the Town provided a response. Unsatisfied with the Town’s response, Ms. Spaulding petitioned this office and this appeal, SPR25/3063, 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. 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

Chris Vitale SPR25/3063 Page 2 October 24, 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 Town’s October 20th Response On October 20, 2025, the Town provided Ms. Spaulding with a response stating, “there are no direct grants that the Select Board applies for or receives. Therefore, there are no records responsive to the first part of your request.” In response to the second part of Ms. Spaulding’s request, the Town provided the email address of the Select Board. Current Appeal In her October 20, 2025 appeal, Ms. Spaulding states, “I am appealing the response ‘[p]lease be advised that there are no direct grants that the Select Board applies for or receives.’” Ms. Spaulding also contends that “[i]t appears the elected board is in violation of MGL c. 44§53a.” Additionally on October 20, 2025, Ms. Spaulding asked the Town for “an elected official to confirm that the [S]elect [B]oard of Dartmouth does not approve and/or accept any grants per MGL c. 44§53a in a meeting, documented by the agenda and minutes.” No Duty to Create Records Based on the foregoing, where the Town has provided Ms. Spaulding with a response that there are no responsive records, I find that the basis of Ms. Spaulding’s appeal is unclear. Ms. Spaulding is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(e). Further, 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). Conclusion Please be advised that the Office of the Supervisor of Records is statutorily empowered with the authority to determine the public record status of government records. See G. L. c. 66, § 10. Further, in compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has been alleged. See G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Ms. Spaulding in her appeal petition, I am unable to issue a determination at this time. Accordingly, I will consider this administrative appeal closed.

Chris Vitale SPR25/3063 Page 3 October 24, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Corey Spaulding