Ornelas, Maurice v. Southeastern Regional School District (SPR 20260470)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 19, 2026 SPR26/0470 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/District) 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[.] Previous Appeal The requested records were the subject of a previous appeal. See SPR26/0235 Determination of the Supervisor of Records (February 5, 2026). In my February 5th determination, I ordered the School to clarify whether additional records exist. The School responded on January 23, 2026 and February 9, 2026. Unsatisfied with the School’s responses, Dr. Ornelas petitioned this office and this appeal, SPR26/0470, was opened as a result. Subsequent to the opening of this appeal, the School provided a further response on February 12, 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 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 SPR26/0470 Page 2 February 19, 2026 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 G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Dr. Ornelas’ status shall have no bearing on the public status of any existing 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 23rd and February 9th Responses On January 23, 2026, the School released numerous records to Dr. Ornelas. On February 9, 2026, the School stated, “[t]he personnel record has been sent and is complete.” On February 12, 2026, the School stated, “I am acknowledging receipt of the email and we will need time to read through this and supply the information. This was not sent to me directly as the Executive Director of Talent and Community Affairs.” Current Appeal In his appeal petition, Dr. Ornelas contends: First, the production did not include my annual performance evaluations for the 2023–2024 and 2024–2025 school years…

Savannah Cardoso SPR26/0470 Page 3 February 19, 2026 Second, the personnel file produced by the District references academic transcripts that were submitted, received, and retained by the District as part of my employment records. Despite being expressly listed in the personnel file, those transcripts were not included in the production… Third, the personnel file provided by the District contains no documentation reflecting an employment discharge, separation action, or formal end-of- employment determination. However, the HR correspondence I have attached reflects communications from the District indicating that my employment was treated as ended… 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 Dr. Ornelas’ appeal, it is unclear whether the School possesses additional responsive records. Specifically, the School must clarify whether it possesses “annual performance evaluations”, “reference[d] academic transcripts” and “documentation reflecting an employment discharge, separation action, or formal end-of-employment determination[.]” 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 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).

Savannah Cardoso SPR26/0470 Page 4 February 19, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Dr. Maurice J. Ornelas