Arlauskas, John v. Winthrop, Town of - Public Schools (SPR 20260091)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 23, 2026 SPR26/0091 Tom Delmar, Esq. Records Access Officer Winthrop Public Schools 45 Pauline Street Winthrop, MA 02152 Dear Attorney Delmar: I have received the petition of John Arlauskas appealing the response of the Winthrop 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 November 19, 2025, Mr. Arlauskas requested “documentation regarding the recertification notices issued to me in 2025[.]” Specifically, Mr. Arlauskas sought the following: [1] A detailed accounting of all expenditures related to legal services for special education matters for [the School] for the past five fiscal years[:] [a] Total amount spent on legal services related to special education disputes, complaints, mediations, hearings, or due process proceedings before the Bureau of Special Education Appeals (BSEA)[;] [b] Itemized invoices, billing statements, or summaries from each attorney or law firm used for special education-related legal work[;] and [c] Retainer agreements or contracts with law firms or attorneys who represented or advised the district on special education issues during each year[.] [2] The total legal spending broken down by grade level of the student involved, to the extent permitted without releasing personally identifiable information[;] [3] A list of all law firms and attorneys contracted to represent or advise the district in special education matters during the same five-year period[.] 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

Tom Delmar, Esq. SPR26/0091 Page 2 January 23, 2026 Previous Appeal The requested records were the subject of a previous appeal. See SPR25/3693 Determination of the Supervisor of Records (December 23, 2025). In my December 23rd determination, I learned that the School intended on providing a written response to Mr. Arlauskas and ordered it to do so. Claiming to have received no response, Mr. Arlauskas petitioned this office and this appeal, SPR26/0091, 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 custodian must provide the responsive records. Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein.

Tom Delmar, Esq. SPR26/0091 Page 3 January 23, 2026 G. L. c. 66, § 10(b)(vi). Where Mr. Arlauskas submitted his request on November 19, 2025, and the School has not provided responsive records, nor cited an exemption for withholding records, I find the School has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the School must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the School must provide responsive records on a rolling basis. Conclusion Accordingly, the School is ordered to provide Mr. Arlauskas 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. Arlauskas may further appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: John Arlauskas