Pacy, Catherine v. Shrewsbury, Town of - Public Schools (SPR 20260884)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 17, 2026 SPR26/0884 Chris Girardi Records Access Officer Shrewsbury Public Schools 100 Maple Avenue Shrewsbury, MA 01545 Dear Mr. Girardi: I have received the petition of Catherine 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 February 2, 2026, Ms. Pacy requested: …all records and communications between [two identified individuals] for the period of May 1, 2023 through February 13, 2026. This request includes, but is not limited to, all communication and records in any form or format, whether created, sent, received, or stored using district-issued, personal, or third-party email accounts or devices. Responsive records include, but are not limited to:  Emails (including drafts, deleted, and archived emails)[;]  Text messages and messaging application communications[;]  Phone call logs and records (including dates, times, duration, and participants)[;]  Voicemail messages and transcripts [;]  Calendars, meeting invitations, agendas, notes, minutes, and summaries[;]  Attachments, enclosures, and embedded files associated with any responsive records[;]  Documents stored on district servers, cloud-based systems, personal devices, or third-party platforms[.] Please conduct a search for responsive records containing or relating to any of the following keywords, phrases, or subject matter, including variations, abbreviations and related terms: 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 SPR26/0884 Page 2 March 17, 2026  Shrewsbury High School Varsity Soccer[;]  [Five identified individuals][;]  Soccer[;]  Telegram & Gazette[;]  Shrewsbury Patch[;]  Community Advocate[;]  College soccer[;]  Summer League[;]  Soccer captains[;]  Soccer recruitment[;]  Letters of recommendation[;]  Soccer stats or performance[;]  Bullying[;]  November 2023 letter to the Beal Administration regarding allegations involving [an identified individual][;]  Public records request(s)[;]  Phone records[;]  Favors[;]  Resignation as soccer coach[;]  Investigation(s)[;]  District employment[;]  Athletic Department[;]  Protection[.] The School responded on February 17, 2026. Unsatisfied with the School’s response, Ms. Pacy petitioned this office and this appeal, SPR26/0884, 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.

Chris Girardi SPR26/0884 Page 3 March 17, 2026 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 17th Response On February 17, 2026, in a response dated February 2, 2026, the School stated, “[t]he District has reviewed your request and the response does not meet the time threshold to incur a fee for the service. All information related to your February 2, 2026 records request is being processed and will be provided within a reasonable time period.” 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 Ms. Pacy submitted her request on February 2nd, and the School has not provided responsive records, nor cited an exemption for withholding records, I find the School has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the School must provide an estimated date as to when it intends to complete the search and provide the responsive records. See 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 Ms. 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. Ms. Pacy may further appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Chris Girardi SPR26/0884 Page 4 March 17, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Catherine Pacy