DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20261348)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 22, 2026 SPR26/1348 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 March 9, 2026, Ms. DaSilva requested: …the ESSER I, ESSER II, and ESSER III expenditure reports submitted by Dartmouth Public Schools to the Massachusetts Department of Elementary and Secondary Education for FY2021 through FY2024. These reports should include, where they exist:  vendor name  description of expenditure  amount  date  account code or fall account string[.] Previous Appeal This request was the subject of a previous appeal. See SPR26/1036 Determination of the Supervisor of Records (March 27, 2026). In my March 27th determination, I ordered the School to identify an exemption and explain with specificity how the exemption applies to withhold any outstanding records. The School responded on April 10, 2026. Unsatisfied with the School’s response, Ms. DaSilva petitioned this office and this appeal, SPR26/1348, 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 SPR26/1348 Page 2 April 22, 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 10th Response In its April 10, 2026 response, the School stated: In the March 20 response, DPS provided you with all records in its possession responsive to the Request. DPS did not redact any of the records produced, did not withhold any additional responsive records, and does not claim any exemption under the Public Records Law in connection with the Request or the records produced. It appears that you misinterpreted the language in the March 20 response where DPS stated that it reserved the right to withhold records in accordance with the law from any future response to any clarified Public Records Request… DPS intended to make clear in the March 20 response that while it was producing all responsive records, it reserved its rights to assert any lawful exemption in the event that you submitted a clarified request. Current Appeal In her appeal petition, Ms. DaSilva argued, “DPS did not address the deficiencies identified in the March 27 Determination and did not provide the information required by 950 CMR 32.06(3).” 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

Kathleen Genthner SPR26/1348 Page 3 April 22, 2026 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). Conclusion Given that the School has confirmed that it did not withhold or redact any of the responsive records, nor does it possess any additional 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