Brian DeLacey v. Mystic Valley Regional Charter School (SPR 20190531)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 20, 2019 SPR19/0531 Stephanie Solio Mystic Valley Regional Charter School 4 Laurel Street Malden, MA 02148 Dear Ms. Solio: I have received the petition of Brian DeLacey appealing the nonresponse of the Mystic Valley Regional Charter School (School) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. DeLacey requested documents related to the "negotiation and purchase of the Malden Hospital land by the City of Malden in partnership with MVRCS." February 26111Response In response to this request, Attorney Matthew Campbell, who is retained as General Counsel to the School, replied informing Mr. DeLacey that "the School does not have in its possession, care, custody or control, any documents, electronic or otherwise, relating to a recently proposed purchase of Malden Hospital land." Attorney Campbell offered to provide records relating to a proposed land deal concerning Malden Hospital property circa 2001, though requested that Mr. DeLacey confirm that those were the records he was requesting and requested a "statement of intent to pay the fees that would be incurred by the School by retrieving them." On March 6, 2019, Attorney Campbell informed Mr. DeLacey that "the School [had] searched [their] records concerning the proposed purchase of Malden Hospital property and [had] found Board minutes from 2001," and that the records were available to be picked up at Mr. DeLacey's convenience. Attorney Campbell also noted that "these minutes comprise the entirety of records in the School's care, custody and control relating to [Mr. DeLacey's] records request." In response, Mr. DeLacey stated that he would "drop by and pick them up." Public Records Law Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days of receipt of the request. G. L c. 66, § lO(a)-(b). The response may contain, among other things, an offer to provide records, a 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

Mystic Valley Regional Charter School SPR19/0531 Page2 March 19, 2019 fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). 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 ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). Conclusion Given that the School has provided Mr. DeLacey all of the records responsive to his request in the School's custody, I will now consider this administrative appeal closed. Mr. DeLacey may appeal the substantive nature of the School's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Brian DeLacey Matthew Campbell, Esq.