DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20260314)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 11, 2026 SPR26/0314 Kathleen Genthner Record Access Officer Dartmouth Public Schools 8 Bush Street Dartmouth, MA 02748 Dear Ms. Genthner: I have received the petition of Ana DaSilva appealing the response of Dartmouth 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 15, 2026, Ms. DaSilva requested: [1] All records of any investigation involving staff conduct on the Portugal trip, including but not limited to:  incident reports  complaints or allegations received  emails, texts, or written communications between administrators, HR, or legal counsel  notes or summaries of staff interviews  timelines, findings, or conclusions  records indicating which staff members were questioned and which were not [2] All records related to administrative action or response, including:  written reprimands  notices of discipline  leave notices  non‑renewal documentation  resignation letters  separation agreements  HR communications regarding next steps [3] All communications involving [an identified] Principal related to: 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

Ana DaSilva SPR26/0314 Page 2 February 11, 2026  the Portugal trip  staff conduct  alcohol consumption  the investigation  decisions regarding questioning, discipline, or non‑renewal of staff [4] All communications involving [an identified individual], including:  emails or memos referencing the incident  communications regarding his non‑renewal  communications regarding his departure  any records of administrative discussion about his employment status [5] All communications between Dartmouth Public Schools and any receiving district regarding:  reference checks  employment verification  statements about [an identified individual’s] performance, conduct, or eligibility for rehire [6] This request also includes any records, communications, reports, or notifications referencing [an identified individual’s] communication with a Dartmouth High School student after his departure from the district, including any communications between Dartmouth Public Schools and any subsequent employing district regarding this matter. [7] All policies or procedures referenced or applied during the investigation, including:  chaperone expectations  staff conduct on school‑sponsored trips  alcohol use policies  mandatory reporting obligations The School responded on January 29, 2026. Unsatisfied with the School’s response, Ms. DaSilva petitioned this office and this appeal, SPR26/0314, 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).

Ana DaSilva SPR26/0314 Page 3 February 11, 2026 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. Att’y 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 specifiTown 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 29th Response On January 29, 2026, the School responded, “[p]lease be advised that DPS is not in possession of any records responsive to the Request.” Current Appeal In her appeal petition, Ms. DaSilva contends: … The response did not describe the search conducted, address each category of requested records, identify any exemptions, or provide the explanations required under 950 CMR 32.06(3)–(5). … Given the scope of the request, it is unlikely that no responsive records exist. No Duty to Create Records Please be advised that 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). Further, 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). However, 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). On February 10, 2026, in a telephone call between a staff attorney of the Public Records Division and the School, the School confirmed that there are no records responsive to the request. Conclusion Where the School confirmed that it does not possess records responsive to Ms. DaSilva’s request, and this office has no authority to compel the School to create records, I will consider

Ana DaSilva SPR26/0314 Page 4 February 11, 2026 this administrative appeal closed. If Ms. DaSilva 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: Ana DaSilva