Richard Karp v. Arlington, Town of - Clerk's Office (SPR 20230277)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 28, 2023 SPR23/0277 James Feeney Records Access Officer Town of Arlington 730 Massachusetts Avenue Arlington, MA 02476 Dear Mr. Feeney: I have received the petition of Richard Karp appealing the response of the Town of Arlington (Town) to requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 7, 2022, Mr. Karp, in four separate requests, requested the following records: [1] Any and all records, communications (including recordings), emails, direct mail, notes, logs, reports or other communications regarding [an identified individual’s] (Arlington PD) appearance, communication with and interaction with [an identified individual] at Brackett [S]chool (November 2022). Please include any specific orders or instructions given allowing [an identified individual] to exclude [an identified individual] from the Brackett [S]chool property. [2] Any and all items, mailed, emailed, noted or recorded to or from [an identified individual] to or from any employee/staff/teacher/counselor/principal/ superintendent/police department in the Town of Arlington. [3] Any and all items, mailed, emailed or shared with citizens and/or parents by the school district/superintendent’s office/principal/school/any teacher/staff or employee of either the Town of Arlington, Town of Arlington School Department or Brackett School in Arlington, MA beginning April 1st 2021 until the current date. [4] Any and all communications sent out physically or electronically to any and/or all parents regarding any or all information to do with anything related to, but not limited to, Brackett School in Arlington, School Attendance, School Open 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

James Feeney SPR23/0277 Page 2 February 28, 2023 Houses, School Teacher Introductions, School Schedules, School Calendars, School Syllabuses, anything to do with school, schooling, after school programs or events or anything else in any way related to any or all students at Brackett School beginning in May of 2021. Previous Appeals These requests were the subjects of previous appeals. See SPR22/2776; SPR22/2777; SPR22/2778; SPR22/2779 Determination of the Supervisor of Records (December 15, 2022) and SPR23/0004 Determination of the Supervisor of Records (January 18, 2023). In my January 18th determination, I ordered the Town to provide Mr. Karp with a response to his requests. On February 2, 2022, the Town provided a response. Unsatisfied with the Town’s response, Mr. Karp petitioned this office and this appeal, SPR23/0277, was opened as a result. After this appeal was opened, the Town provided a supplemental response on February 17, 2023. Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In the Town’s February 17, 2023 response, the Town states: [I]t is my understanding that Mr. Karp, simultaneous to this latest appeal, lodged a complaint regarding the same records with the Department of Elementary and Secondary Education’s (“DESE”) Problem Resolution System Office as well as a request for a hearing before the Probate and Family Court regarding its Order through his counsel. The Town agrees that to the extent there are any further records which APS is obligated to produce pursuant to parental rights under DESE regulations, the Court itself and DESE are the appropriate forums for litigating such issues. Continued litigation through appeals the Supervisor of Public Records however is not appropriate pursuant to 950 CMR 32.08(3). As per Mr. Karp’s own filings and recitations, he is actively attempting to vindicate his rights as he views them in both the Probate and Family Court and DESE. Simultaneously pursing the student records before the Supervisor is at best duplicative, and risks countervailing determinations by different authorities. Denial of this appeal on such grounds is especially appropriate where the parties agree that the Probate and Family Court is an appropriate forum to clarify its Order granting access to student records.

James Feeney SPR23/0277 Page 3 February 28, 2023 Where it appears Mr. Karp has access to the records through a Court Order from the School, and has requested for a hearing before the Probate and Family Court regarding its Order through his counsel, it is my determination that the records at issue in this appeal are the subject of a dispute in active litigation. Accordingly, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Richard Karp