Kampula, Elona v. Stoneham, Town of - Public Schools (SPR 20261493)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 30, 2026 SPR26/1493 Kristin DeFrancisco, Ed.D Superintendent of Schools Stoneham Public Schools 149 Frankline Street Stoneham, MA 02180 Dear Dr. DeFrancisco: I have received the petition of Elona Kampula appealing the response of the Stoneham 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. Kampula made the following request: I am requesting access to or copies of all documented policies, procedures, guidelines, and related communications regarding inter-classroom transfers within the same elementary school in the Stoneham Public Schools district, current as of 2025. Specifically, this includes any written policy documents, memos, administrative procedures, or guidelines used by the district to manage or govern classroom assignment transfers among kindergarten students who can change classes but remain in the same building. The School responded on March 8, 2026, stating that it possessed no responsive records. Subsequently, on March 11, 2026, Ms. Kampula submitted a modified request as follows: I respectfully request any records reflecting the practice, criteria, or decision- making process used for inter-classroom transfers within the same elementary school, including but not limited to:  administrative guidance or instructions to principals or staff,  internal memoranda or communications,  emails discussing transfer decisions or criteria,  meeting notes or summaries where classroom transfers were discussed,  training materials or administrative guidance related to student classroom reassignment. 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

Kristin DeFrancisco, Ed.D SPR26/1493 Page 2 April 30, 2026 This request applies even if such practices are informal or not adopted as official district policy. Previous Appeal This request was the subject of a previous appeal. See SPR26/1129 Determination of the Supervisor of Records (April 9, 2026). In my April 9th determination, I ordered the School to clarify whether it possesses any responsive records. The School responded on April 17, 2026. Unsatisfied with the School’s response, Ms. Kampula petitioned this office and this appeal, SPR26/1493, 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 April 17th Response In its April 17, 2026 response, the School stated, “[w]e should’ve been clearer in our communication that we found no responsive records. Of note, we did a search of records, including emails, to find any records that we had regarding inter-classroom transfers, and with the exception of emails from you on this very topic, there were no responsive records.” Current Appeal In her appeal petition, Ms. Kampula argued “[t]he District now asserts that, after searching – including emails – it found no responsive records concerning inter-classroom transfers within the same elementary school, aside from emails sent by me. This assertion raises serious concerns regarding the adequacy and good-faith nature of the search… A conclusory

Kristin DeFrancisco, Ed.D SPR26/1493 Page 3 April 30, 2026 statement that no records exist is insufficient where responsive records are reasonably expected to exist.” 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 responsive records other than Ms. Kampula’s own emails, and this office has no authority to compel the School to create records, I will consider this administrative appeal closed. If Ms. Kampula 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: Elona Kampula