DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20261039)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 3, 2026 SPR26/1039 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 March 12, 2026, Ms. DaSilva requested the following for FY23-FY26: [1] All expenditure detail reports, including any internal versions, reconciliations, or re-codings[;] [2] All staffing lists showing positions funded in whole or in part by School Choice, including FTE and funding percentages[;] [3] Any records showing movement of charges on or off School Choice, including re-codings, adjustments, or transfers[.] The School responded on March 20, 2026. Unsatisfied with the response, Ms. DaSilva petitioned this office and this appeal, SPR26/1039, 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). 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 SPR26/1039 Page 2 April 3, 2026 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 numerous responsive records and stated,“[a]ttached hereto please find the District’s response to your Public Information request.” Current Appeal In her appeal, Ms. DaSilva states, “DPS did not provide: Any staffing lists for FY23, complete staffing lists for FY24 or FY26, any reconciliations, despite my explicit request, any internal balancing documents or explanations of transfers, complete FY26 expenditure detail (the FY26 ledger provided is clearly incomplete), any documentation of the movement of charges beyond the journal entry lines themselves, any statement that missing records do not exist, as required by 950 CMR 32.06(3), any description of the search conducted, as required by 950 CMR 32.06(2), and any timeline for the remaining records, as required by G.L. c. 66, §10(b).” 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 Ms. DaSilva’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 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.

Kathleen Genthner SPR26/1039 Page 3 April 3, 2026 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 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 appeal the substantive nature of the School’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ana DaSilva