DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20260771)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 16, 2026 SPR26/0771 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 February 17, 2026, Ms. DaSilva requested, “[a]ll procurement card (P-card) transactions for any district employee where the beneficiary was [an identified individual], from January 1, 2021 to present.” The School responded on February 19, 2026. Unsatisfied with the response, Ms. DaSilva petitioned this office and this appeal, SPR26/0771, 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 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 SPR26/0771 Page 2 March 16, 2026 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 19th Response In its February 19, 2026 response, the School stated, “[p]lease be advised that DPS is not in possession of any records responsive to the Request.” Current Appeal In her appeal, Ms. DaSilva states, “[e]ach denial stated only that “DPS is not in possession of any records responsive to the Request,” and none included the required search description identifying custodians, systems searched, or search terms, as required by 950 CMR 32.06(3). DPS previously produced UMass Lowell reimbursement and payment records in response to my January 30, 2026 request, which contradicts the district’s February 19 denial stating that no such records exist.” No Duty to Create 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). In a telephone call between a Public Records Division staff member and a representative of the School on March 10, 2026, the School confirmed that it does not possess records responsive to Ms. DaSilva’s request. Where the School has confirmed that it does not possess responsive records, and has no duty to create records in response to a request, I find that the School has met its burden in responding to this request under the Public Records Law. Conclusion Where the School confirmed that it does not possess records responsive to Ms. DaSilva’s request, and has no duty to create records responsive to the request, I will now 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).

Kathleen Genthner SPR26/0771 Page 3 March 16, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Ana DaSilva