Sunshine for Everyone v. Mohawk Trail Regional School District (SPR 20253634)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 23, 2025 SPR25/3634 Shana Garcia Executive Assistant to the Superintendent of Schools Mohawk Trail Regional School District 24 Ashfield Road Shelburne Falls, MA 01370 Dear Ms. Garcia: I have received the petition of Sunshine for Everyone (requestor) appealing the response of Mohawk Trail Regional School District (School/MTRSD) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 12, 2025, the requestor sought the following: …all contracts executed between the MTRSD and all payments made from the MTRSD to the following from January 1, 2023 to November 12, 2025: [1] [An identified individual][;] [2] [An identified individual][;] [3] [An identified individual][;] [4] Dupere Law Offices[;] [5] [An identified individual][;] [6] Martin Hochberg & Cianflone PLLP[;] [7] [An identified individual][;] [8] [An identified individual][;] [9] Morrison Mahoney LLP[;] [10] [An identified individual][;] [11] [An identified individual][;] [12] Pierce, Davis & Perritano, LLP[;] [13] Shelburne Police Department[;] [14] Any vendor for legal services that is not listed above[;] [15] Any vendor for law enforcement services that is not listed above[.] The School responded on November 12, 2025. Unsatisfied with the School’s response, the requestor petitioned this office and this appeal, SPR25/3634, 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

Shana Garcia SPR25/3634 Page 2 December 23, 2025 Subsequent to the opening of this appeal, the School provided a supplemental response on December 10, 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 November 12th and December 10th Responses On November 12, 2025, the School provided some records of invoices regarding Dupere Law Offices, PC; Murphy, Hesse, Toomey & Lehane LLP; Berry Insurance Agency, Inc.; and Collaborative for Educational Services. While this appeal was pending, the School provided a supplemental response on December 10, 2025, stating, “[t]he answer to the follow-up/clarifying question is that no such records exist.” Current Appeal In his appeal petition dated December 4, 2025, the requestor states, “[t]he MTRSD has provided some, but not all, of the responsive records as of December 1.” On December 12, 2025, the requestor contested the School’s December 9th response, stating: The Greenfield Recorder reported that the MTRSD employed a School Resource Officer, and the school committee minutes list Shelburne Police officers as employees during the time period of the request. Based on the publicly available

Shana Garcia SPR25/3634 Page 3 December 23, 2025 information, it is unclear if the MTRSD possesses any additional records responsive to items 13 and 15 of the November 12 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). In a telephone conversation between a staff attorney of the Public Records Division and the School on December 17, 2025, the School confirmed it had no additional records responsive to the request. Conclusion Where the School confirmed that it does not possess additional records responsive to the requestor’s request, and this office has no authority to compel the School to create records, I will now consider this administrative appeal closed. If the requestor 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: Sunshine for Everyone