DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20260772)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 18, 2026 SPR26/0772 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/DPS) 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: …all payments made by Dartmouth Public Schools to the University of Massachusetts Lowell from January 1, 2021 to present, regardless of account code, description, cost center, funding source, department, or purpose. This includes payments coded as workshops, contracted services, instructional materials, professional development, travel/conferences, other services, curriculum development, or any other category. Please include all supporting documentation, including invoices, receipts, purchase orders, vendor payment records, accounts payable records, and any internal communications transmitting or approving the expense. The School responded twice on February 19, 2026. Unsatisfied with the School’s responses, Ms. DaSilva petitioned this office and this appeal, SPR26/0772, 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 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 SPR26/0772 Page 2 March 18, 2026 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 19th Responses On February 19, 2026, the School acknowledged receipt of Ms. DaSilva’s request. Later on February 19th, 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 petition, Ms. DaSilva contends, “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.” Records in Existence 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 this case, based on the School’s responses, and the information provided in the requestor’s appeal petition, it is unclear whether the School possesses records responsive to the request. If the School does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain 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

Kathleen Genthner SPR26/0772 Page 3 March 18, 2026 exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the School is ordered to provide Ms. DaSilva 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. Ms. DaSilva may further appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ana DaSilva