Lucas Thors v. Martha's Vineyard Public Schools (SPR 20210808)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 12, 2021 SPR21/0808 Matthew D’Andrea, LP.D. Superintendent Martha’s Vineyard Public Schools 4 Pine Street Vineyard Haven, MA 02568 Dear Superintendent D’Andrea: I have received the petition of Lucas Thors of The Martha’s Vineyard Times appealing the response of the Martha’s Vineyard Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 17, 2020, Mr. Thors requested “any and all 2020 email or epistolary communication to or from a teacher or school official that contains accusations or rebuts accusations that [an identified individual] hosted a party, participated in a party, or possesses knowledge of a party at which school system employees behaved in an unhealthy manner.” Previous Appeal This request was the subject of a previous appeal. See SPR21/0085 Supervisor of Records Determination (January 27, 2021). In my January 27th Determination, I ordered the School to provide Mr. Thors with a response to his request. Subsequently, the School provided three responsive records. Unsatisfied with the School’s response, Mr. Thors appealed, and this case was opened as a result. Current Appeal In his appeal petition Mr. Thors expresses his concern that “the response from the school system and superintendent didn’t include all the records requested.” He argues “[w]hat was missing from the records provided was a report or letter that triggered the records provided.” Mr. Thors contends “The Martha’s Vineyard Times should have been provided with a copy of the report or letter given to the school system that makes the accusations quoted [in the records he received].” 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

Matthew D’Andrea, LP.D. SPR21/0808 Page 2 April 12, 2021 In an email on April 1, 2021, the School explained “[t]he claim that the high school administration had a Halloween party was reported to [the Superintendent] via a phone call from a community member.” The School further explained that “[a]t a Zoom parent forum . . . the question was asked again.” The School provided Mr. Thors with a link to a recording of that forum. Further, on April 2, 2021, the School provided additional emails responsive to Mr. Thor’s original request. Records in Existence 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). In this case, the School has indicated that no additional responsive records exist beyond what the school has provided because the initial report was made by phone. Conclusion In light of the School’s supplementary response, and where the School has confirmed that it does not possess additional records responsive to Mr. Thors’ request, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Lucas Thors