Lissette Alvarado v. Mystic Valley Regional Charter School (SPR 20230322)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 3, 2023 SPR23/0322 Rick Veilleux Mystic Valley Regional Charter School 4 Laurel Street Malden, MA 02148 Dear Mr. Veilleux: I have received the petition of Lissette Alvarado appealing the response of the Mystic Valley Regional Charter School (School/MVRCS) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 7, 2023, Lissette Alvarado requested “the number of lawsuits that MVRCS is currently, actively involved in.” The School responded to this request on February 7, 2023, by indicating that “the School is not responding to public records request[s]” and asserting that “the reasoning for that decision has not changed.” Unsatisfied with the School’s response, Lissette Alvarado appealed, and this case was opened as a result. Please note that under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Pursuant to 950 C.M.R. 32.06(2)(a), a records access officer or designee shall permit inspection or provide or furnish a copy of all public records within the custody and control of the custodian at reasonable times and without unreasonable delay under G. L. c. 66, § 10(a). The School is advised that the Attorney General’s Office (AGO) has previously found “that the School is a public entity subject to the Public Records Law” and has previously directed the School to respond to public records requests. See AGO letter dated October 20, 2022. Order Accordingly, the School is ordered to provide Lissette Alvarado with a response to the request in a manner consistent with this order, the Public Records Law, and its Regulations 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

Rick Veilleux SPR23/0322 Page 2 March 3, 2023 within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Lissette Alvarado Matthew Campbell, Esq.