DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20260350)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 12, 2026 SPR26/0350 Kathleen Genthner Records 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 December 19, 2025, Ms. DaSilva requested “all records related to any travel, lodging, meals, conferences, or professional development attended by Dartmouth Public Schools staff in connection with Carnegie Learning. Please include:” [1] Travel approval forms or permission forms[;] [2] Any ethics disclosures, conflict‑of‑interest forms, or gift/gratuity forms[;] [3] Emails or memos discussing travel arrangements, costs, reimbursements, or logistics[;] [4] Itineraries, agendas, schedules, or event materials[;] [5] Any invoices, receipts, reimbursements, or records showing how the travel or participation was paid for[;] [6] Internal district communications about the purpose of the trip, who attended, or how it was approved[;] [7] A list of staff who attended any Carnegie Learning events, whether in‑state or out‑of‑state[.] The School responded on December 23, 2025. Unsatisfied with the School’s response, Ms. DaSilva petitioned this office and this appeal, SPR26/0350, 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 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

Kathleen Genthner SPR26/0350 Page 2 February 12, 2026 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 December 23rd Response On December 23, 2025, the School provided records responsive to Items 1, 3, 5, and 6 to Ms. DaSilva’s request and stated: Item No. 2 - DPS is not in possession of any records responsive to this is item. … Item No. 4 - DPS is not in possession of any records responsive to this is item. … Item No. 7 - DPS is not in possession of any records responsive to this is item. Current Appeal In her appeal petition, Ms. DaSilva contends: DPS stated it is “not in possession of any records responsive” to Items 2, 4, and 7 of my request. However, the documents DPS provided—including reimbursement forms, receipts, pre‑approval forms, and internal communications—demonstrate that responsive records do exist for the categories they denied. … The emails included in the attachments—sent by and to DPS staff—demonstrate that DPS possesses additional responsive internal communications that were not produced. … If DPS withheld internal communications, itineraries, or attendee lists, it was required to cite specific statutory exemptions and produce segregable portions. It did neither.

Kathleen Genthner SPR26/0350 Page 3 February 12, 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 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 Ms. DaSilva’s appeal, it is unclear whether the School possesses additional responsive records. Specifically, the School must clarify whether it possesses “internal communications, itineraries, or attendee lists.” To the extent that additional records exist, I find the School must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). The School must clarify this matter. Conclusion Accordingly, the School is ordered to provide Ms. DaSilva 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. Ms. DaSilva 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: Ana DaSilva