Robert Moray v. Mystic Valley Regional Charter School (SPR 20231329)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 30, 2023 SPR23/1329 Rick Veilleux Mystic Valley Regional Charter School 4 Laurel Street Malden, MA 02148 Dear Mr. Veilleux: I have received the petition of Robert Moray 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 June 1, 2023, Mr. Moray requested the following: 1. Copies of all contracts that have been initiated by MVRCS with any outside vendor, including and especially any third-party contractors. 2. Copies of any receipts for payments issued to any third parties or contractors. The School responded on June 16, 2023, stating that the School is “not responding to requests for public records at this time.” Unsatisfied with the School’s response, Mr. Moray 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 SPR23/1329 Page 2 June 30, 2023 Referred to the Office of the Attorney General It is my understanding that the issues raised in Mr. Moray’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 Mr. Moray 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: Robert Moray Matthew Campbell, Esq.