Allegrini, Peter v. Carver, Town of - Public Schools (SPR 20260710)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 12, 2026 SPR26/0710 Gina Marie Russel Records Access Officer Carver Public Schools 3 Carver Square Boulevard Carver, MA 02330 Dear Ms. Russell: I have received the petition of Peter Allegrini appealing the response of Carver 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 February 13, 2026, Mr. Allegrini requested: [1] Who owns and or rents the pack rat pod outside the middle school gym? A document showing the owner/lease holder[;] [2] If it is not the Carver Public Schools, who rents and or owns it? Is that person, persons, or group paying rent to the town for the use of that space? Is the Carver Public school insured or named as an insured including by not limited to being named on a hold harmless agreement/policy?[;] [3] A receipt, spreadsheet and or any type of log documenting All rental payments to the school from Carver Cheer from the last 24 months. And an a [sic] documented explanation of where the money is deposited. If not in to the general fund, what fund and how is it used?[;] [4] An insurance certificate from the Carver Cheer Group that names the town on the certificate from years 2023 2024 2025 2026[;] [5] Any written agreement the Carver Public Schools has with Carver Cheer. Included but not limited to, Lease agreement, rental agreement, school security agreement, access agreement, custodial cleaning agreement, any rental agreement from 2023 2024 2025 2026 for the gym use, school use, building use, land use, parking lot use[.] 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

Gina Marie Russel SPR26/0710 Page 2 March 12, 2026 The School responded on February 27, 2026. Unsatisfied with the responses, Mr. Allegini petitioned this office and this appeal, SPR26/0710, 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(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). 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 February 27th Response In its February 27, 2026 response, the School stated, “[p]lease see the attached records responsive to your request.” Current Appeal In her appeal, Mr. Allegrini states, “I am filing an appeal for the paperwork that I requested and did not receive.” Additional Records The School is 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, 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 Mr. Allegrini’s appeal, it is unclear whether the School possesses additional records responsive to the request. If the School does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain

Gina Marie Russel SPR26/0710 Page 3 March 12, 2026 with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). The School must clarify this matter. Conclusion Accordingly, the School is ordered to provide Mr. Allegrini with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Sincerely, Manza Arthur Supervisor of Records cc: Peter Allegrini