DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20261297)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 16, 2026 SPR26/1297 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: …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. Previous Appeal This request was the subject of a previous appeal. See SPR26/0772 Determination of the Supervisor of Records (March 18, 2026). In my March 18th determination, I ordered the School to clarify whether it possesses any responsive records. The School responded on April 1, 2026. Unsatisfied with the School’s response, Ms. DaSilva petitioned this office and this appeal, SPR26/1297, was opened as a result. 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 SPR26/1297 Page 2 April 16, 2026 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 April 1st Response In its April 1, 2026 response, the School stated, “DPS hereby clarifies that it is not in possession of any records responsive to the Request. DPS further clarifies that no responsive records have been withheld, and no exemptions are asserted.” Current Appeal In her appeal petition, Ms. DaSilva argued: [1] No search description was provided… [2] The response does not address the contradictory record history… [3] No explanation was provided for how the School determined that no records exist… [4] No exemptions were cited and no records were produced… 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 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).

Kathleen Genthner SPR26/1297 Page 3 April 16, 2026 Conclusion Given that the School has confirmed that it does not possess any 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