Ornelas, Maurice v. Southeastern Regional School District (SPR 20260235)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 5, 2026 SPR26/0235 Savannah Cardoso Human Resources Generalist Southeastern Regional School District 250 Foundry Street South Easton, MA 02375 Dear Ms. Cardoso: I have received the petition of Dr. Maurice J. Ornelas appealing the response of Southeastern Regional School District (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 16, 2025, Dr. Ornelas requested: …a copy of my complete employment records maintained by Southeastern Regional School District. Specifically, I am requesting my full employer profile or personnel file, including any records, documents, notes, correspondence, electronic records, or materials maintained by the [School] relating to my employment, separation, and any related administrative matters. The School responded on January 5, 2026. Unsatisfied with the School’s response, Dr. Ornelas petitioned this office and this appeal, SPR26/0235, was opened as a result. Subsequent to the opening of this appeal, the School provided a further response to the requestor and this office on January 23, 2026. Status of the Requestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Dr. Ornelas’ status will play no role in a determination as to whether the records should be disclosed or redacted under the Public Records Law. 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

Savannah Cardoso SPR26/0235 Page 2 February 5, 2026 It is unclear if Dr. Ornelas may have a greater right of access to the responsive records outside the Public Records Law. The parties are encouraged to communicate to determine if there is another means affording Dr. Ornelas a greater right of access to the responsive records. 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 January 5th and 23rd Responses On January 5, 2026, the School stated, “I can have this ready for you before the end of the week.” On January 23, 2026, the School stated, “I am adding in the Executive Director of Talent & Community Affairs to this chain. There was some confusion given the appeal of the appeal hearing decision regarding unemployment benefits. I am attaching the electronic file to this email.” Additionally, the School provided an employee personnel file. Current Appeal In his response, Dr. Ornelas contends, “…the response does not state or certify that the documents produced constitute the complete personnel record maintained by the employer, as required under applicable law. Given the scope of my employment and the employer’s own references to employment-related matters, it remains unclear whether all records required to be produced have been provided.”

Savannah Cardoso SPR26/0235 Page 3 February 5, 2026 Additional Records 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 issues raised in Dr. Ornelas’ appeal, the School must clarify whether additional records exist. 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 Dr. Ornelas 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. Dr. Ornelas 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: Dr. Maurice J. Ornelas