DaSilva, Ana v. Dartmouth, Town of - Public Schools (SPR 20261455)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 28, 2026 SPR26/1455 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 25, 2026, Ms. DaSilva requested “the complete procurement file associated with Dartmouth Public Schools’ multi‑year purchase of Carnegie Learning math curriculum materials, services, licenses, and professional development.” Specifically, Ms. DaSilva sought: [1] Procurement Documentation Required Under M.G.L. c. 30B  The vendor’s proposal, quote, or offer  The district’s acceptance of the offer  All bids, quotes, or solicitations  All written determinations or findings  All documentation of the procurement method used  All records showing compliance with M.G.L. c. 30B thresholds  All internal approvals required for multi‑year contracts [2] Contractual Documents  The executed contract or agreement (signed or unsigned)  Any Master Services Agreement, Terms & Conditions, or incorporated terms  Any Statements of Work, scopes of work, or implementation requirements  All amendments, extensions, renewals, or revisions  All exhibits, attachments, schedules, or referenced documents 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 SPR26/1455 Page 2 April 28, 2026 [3] Financial and Administrative Records  All purchase authorizations or approvals  All internal memos or communications related to procurement  All records showing funding sources  All documentation of multi‑year commitments or installment schedules [4] Required Records Under M.G.L. c. 30B § 3(d)  The procurement file index  All records “sufficient to establish that the procurement was conducted in accordance with this chapter”[.] The School responded on March 13, 2026. Unsatisfied with the School’s response, Ms. DaSilva petitioned this office and this appeal, SPR26/1455, 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. 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 March 13th Response In its March 13, 2026 response, the School provided responsive records and stated: All records responsive to the Request were previously provided to you by DPS on February 17 in response to one of your previous public records requests. The records responsive to the Request were records provided in response to Items # B.l and B.3 of your February 2, 2026 request titled “Curriculum Adoption & Procurement Documentation for Carnegie Learning.” The responsive records are attached hereto once again; however, please note that in providing these duplicate records DPS does not waive and expressly reserves its rights with respect to its

Kathleen Genthner SPR26/1455 Page 3 April 28, 2026 response to any further duplicative requests. In providing this response, DPS has not withheld any responsive records as exempt, and does not assert any exemptions. Current Appeal In her appeal petition, Ms. DaSilva argued: [1] The District’s response was not responsive to the request… [2] Required procurement-file components were not provided… [3] The District’s statement that all responsive records were previously provided is incorrect… In a telephone conversation with this office on April 28, 2026, the School confirmed that it possesses no additional records responsive to the request. 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). Conclusion Given that the School has confirmed that it does not possess any additional responsive records, 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