Malden News Network v. Mystic Valley Regional Charter School (SPR 20230803)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 9, 2023 SPR23/0803 Rick Veilleux Mystic Valley Regional Charter School 4 Laurel Street Malden, MA 02148 Dear Mr. Veilleux: I have received the petition of Malden News Network 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 April 23, 2023, Malden News Network requested “monthly payroll records of Mystic Valley Regional Charter School, from 1/1/20 to the date [the School] respond[s] to this request. Payroll should include full-time as well as part- time, temporary or substitute personnel.” The School responded on April 25, 2023, stating that “MVRCS is not responding to Public Records Requests at this time.” Unsatisfied with the School’s response, Malden News Network appealed, and this case 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. Att’y 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. 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 SPR23/0803 Page 2 May 9, 2023 Referred to the Office of the Attorney General It is my understanding that the subject matter of similar requests and the issues raised in Malden News Network’s appeal are similar to those addressed in SPR22/2754, SPR22/2755, SPR22/2757 and SPR22/2758 Determinations of the Supervisor of Records (December 15, 2022) and other related appeals. Please note that on April 28, 2023, I referred this matter to the Office of the Attorney General (AGO) for enforcement. In light of this referral, I decline to provide a determination as to the public status of the requested records at this time pending a resolution to the AGO’s review. Conclusion Accordingly, I will consider this administrative appeal closed. If Malden News Network 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: Malden News Network Matthew Campbell, Esq.