Emily Pfeiffer v. Pioneer Valley Performing Arts School – Board of Trustees (SPR 20253724)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 31, 2025 SPR25/3724 Latrina Denson Records Access Officer Pioneer Valley Performing Arts School 15 Mulligan Drive South Hadley, MA 01075 Dear Ms. Denson: I have received the petition of Emily Pfeiffer appealing the response of Pioneer Valley Performing Arts School (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 30, 2025, Ms. Pfeiffer requested “the recording of the [October 21, 2025] Board meeting.” The School responded on December 9, 2025. Unsatisfied with the School’s response, Ms. Pfeiffer petitioned this office and this appeal, SPR25/3724, 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. 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 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

Latrina Denson SPR25/3724 Page 2 December 31, 2025 custodian must provide the responsive records. The School’s December 9th Response On December 9, 2025, the School stated: I have shared with you the minutes from October 21st, which are also posted on the public-facing domain for the board to be on track. I am also sending you the link to the document folder, which includes the attached document shared during the meeting. Current Appeal In her appeal petition, Ms. Pfeiffer argues: The only response I’ve received was from [the School], offering me minutes instead of the recording. I responded re-clarifying that the request was for the recording and have not received anything further. Records in Existence 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In accordance with the Public Records Law, 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). Based on the School’s response and Ms. Pfeiffer’s appeal petition, it is unclear whether the School possesses additional records responsive to the request. Specifically, the School must clarify if it possesses a recording of the October 21st Board meeting. If the School does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the School is ordered to provide Ms. Pfeiffer 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

Latrina Denson SPR25/3724 Page 3 December 31, 2025 preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Pfeiffer may further appeal the substantive nature of the School response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Emily Pfeiffer