Pacy, Michael v. Shrewsbury, Town of - Public Schools (SPR 20260577)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 25, 2026 SPR26/0577 Chris Girardi Records Access Officer Shrewsbury Public Schools 100 Maple Avenue Shrewsbury, MA 01545 Dear Mr. Girardi: I have received the petition of Michael Pacy appealing the response of the Shrewsbury 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 October 17, 2025, Mr. Pacy requested the following: …information related to the line item titled “Central Office – Conferences”, covering the period from July 1, 2023, through October 31, 2025. I respectfully request the following records and information: [1] All detailed expense invoices recorded under the line item “Central Office – Conferences” for the requested period. [2] Description of the purpose or event associated with each invoice (e.g., an invoice from The Cellar Bar and Grill dated September 2, 2025, for $1,640 related to a School Committee and Administration dinner at the High School). [3] Documentation regarding the approval process for such expenses: Is there a required approval process or a dollar threshold for signature? o If so, please provide the relevant policy, procedure, or documentation o outlining these requirements. [4] District policy that governs the use of funds in the “Central Office – Conferences” account. [5] A definition or description of what “Central Office – Conferences” account was created to be used for. [6] A list of individuals with signature authority to approve expenditures charged to this account. [7] Budgeted amounts for the “Central Office – Conferences” line item for the following school years: 2023–2024 (July 1, 2023 – June 30, 2024) o 2024–2025 (July 1, 2024 – June 30, 2025) o 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

Chris Girardi SPR26/0577 Page 2 February 25, 2026 2025–2026 (July 1, 2025 – June 30, 2026) o [8] Actual expenditures recorded for the “Central Office – Conferences” line item for the same school years: 2023–2024 o 2024–2025 o 2025–2026 (to date)[.] o Prior Appeal This request was the subject of a prior appeal. See SPR25/3627 Determination of the Supervisor of Records (December 19, 2025). In my December 19th determination, I closed the appeal in light of the School providing a supplemental response to Mr. Pacy. Unsatisfied with the response, Mr. Pacy petitioned this office and this appeal, SPR26/0577, 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). 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. Current Appeal In his appeal petition, Mr. Pacy contends, “[t]his statement was made on 12/19/25 almost 2 months ago and as I write this, I do not have any responsive records from my original request on 10/17/2025 which has been 80 Business days (16 weeks or 4 months). The District has provided zero follow up communication regarding this request since 12/19/25.” The School’s December 19th Response In its December 19, 2025 response, the School stated:

Chris Girardi SPR26/0577 Page 3 February 25, 2026 Since that time, the District has been working to process the requests; however, fulfillment has taken longer than anticipated due to several factors. … The District acknowledges the delay and understands the requester’s concerns. Shrewsbury Public Schools remains committed to fulfilling the requests as expeditiously as possible and intends to provide the responsive records as soon as possible, once review is completed. Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. Pacy submitted his request on October 17, 2025, it is unclear why the School has not provided the responsive 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). 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); see also G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the School must provide responsive records on a rolling basis. Conclusion Accordingly, the School is ordered to provide Mr. Pacy 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. Pacy may appeal the substantive nature of the School’s response within ninety days. See 950 C.M.R. 32.08(1).

Chris Girardi SPR26/0577 Page 4 February 25, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Michael Pacy