Roy, Jack v. Pittsfield, City of - Public Schools (SPR 20260285)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 9, 2026 SPR26/0285 Ann Marie Carpenter Director of Human Resources Pittsfield Public Schools 269 First Street Pittsfield, MA 01201 Dear Ms. Carpenter: I have received the petition of Jack Roy appealing the response of the Pittsfield 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 January 8, 2026, Mr. Roy requested: [1] Any records, logs, reports, internal communications, or documentation indicating that a mandated reporter affiliated with Pittsfield Public Schools or Taconic High School filed a report (including an online 51A filing) with the Massachusetts Department of Children and Families in or around November 7, 2025 concerning [two identified individuals]. [2] Any records reflecting the professional role or position (for example, teacher, guidance counselor, school administrator, school social worker, school psychologist, contractor, or other school-affiliated personnel) of any Pittsfield Public Schools or Taconic High School employee or agent who made such a report. [3] Any internal records, emails, notes, or compliance logs documenting:  the making of such a report,  consultation regarding whether to file a report,  or any review or follow-up actions taken by the school or district in connection with such a report. The School responded on January 8, 2026 and February 3, 2026. Unsatisfied with the School’s responses, Mr. Roy petitioned this office and this appeal, SPR26/0285, 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

Ann Marie Carpenter SPR26/0285 Page 2 February 9, 2026 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 8th and February 3rd Responses In its January 8, 2026 response, a School official stated, “I have received your request and will forward it to the appropriate staff members to seek any records we have related to this request which we are legally authorized to provide.” Mr. Roy subsequently sent follow-up inquiries on January 23, 2026, January 27, 2026, and January 28, 2026. In its February 3, 2026 response, the School stated: The Pittsfield Public Schools district has no responsive records to provide to meet your request outlined in #1 and #3 within your public record request. Even in situations when records exist, we would be unable to provide these records, as Department of Children and Families (DCF) filings are confidential. For your information, all employees of the Pittsfield Public Schools are considered to be mandated reporters. Current Appeal In his appeal petition, Mr. Roy stated: I am not requesting disclosure of any confidential DCF records themselves. I am only requesting written confirmation of one of the following: [1] That Pittsfield Public Schools does possess records responsive to my request; or

Ann Marie Carpenter SPR26/0285 Page 3 February 9, 2026 [2] That no such records exist within its possession, custody, or control… [T]he district’s response… does not clearly confirm or deny whether responsive records actually exist, nor does it cite specific statutory exemptions tied to specific records. Based on the School’s responses, it is unclear whether any responsive records exist. Regarding Items 1 and 3 of the request, where the School states, “[e]ven in situations when records exist, we would be unable to provide these records,” it is unclear whether the School possesses the responsive records referenced in Mr. Roy’s request. Further, the School must also clarify whether it possesses records responsive to Item 2 of the request. 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). To the extent that the referenced records exist, I find the School must provide them in a manner consistent with Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the School is ordered to provide Mr. Roy 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. Roy may 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: Jack Roy