DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20260752)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 18, 2026 SPR26/0752 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 the 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 30, 2026, Ms. DaSilva requested “records reflecting any district payments, reimbursements, or financial support related to [an identified] program.” Specifically, Ms. DaSilva sought: …all records from FY18–FY26 showing any Dartmouth Public Schools payments made on behalf of, or reimbursed to, [an identified individual], including but not limited to: • tuition • graduate coursework • doctoral program expenses (Ed.D.) • University of Massachusetts Lowell program fees • cohort or partnership program fees • professional development reimbursements • tuition reimbursement agreements • stipends or allowances for continuing education • travel, conference, or materials expenses related to his Ed.D. program Please also provide: • all employment contracts, addenda, MOUs, or side letters for [an identified individual] that include tuition reimbursement, professional development funding, or continuing education provisions • all reimbursement forms, approval forms, PD requests, or supporting documentation submitted by [an identified individual] for coursework at UMass Lowell • all vendor payments, invoices, purchase orders, or accounts payable records to the University of Massachusetts Lowell from FY18– FY26… 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 SPR26/0752 Page 2 March 18, 2026 The School responded on February 13, 2026. Unsatisfied with the School’s response, Ms. DaSilva petitioned this office and this appeal, SPR26/0752, 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. The School’s February 13th Response In its February 13, 2026 response, the School provided responsive records redacted pursuant to Exemptions (c) and (o) of the Public Records Law. Current Appeal In her appeal petition, Ms. DaSilva argued that several categories of responsive records were missing and that a search description was not provided. Ms. DaSilva additionally took issue with an “unexplained inclusion of a person credit-card statement.” It appears Ms. DaSilva is not contesting the School’s redactions to the responsive records. In a telephone conversation with this office on March 17, 2026, the School confirmed that it possesses no additional records responsive to the request. No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, 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). Further, the duty to comply with

Kathleen Genthner SPR26/0752 Page 3 March 18, 2026 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). Conclusion Given that the School has confirmed that it possesses no additional records responsive to Ms. DaSilva’s request, and this office has no authority to compel the School to create records, I will consider 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