Malden News Network v. Mystic Valley Regional Charter School (SPR 20231619)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 25, 2023 SPR23/1619 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 June 26, 2023, Malden News Network requested: …any and all records (email, text messages, written documents, notifications, agreements, terms, understandings, contracts, MOUs, bills, payments, announcements, public or other notices, sign designs, meeting notes, conversation notes, telephone records, and calendarized appointments or descriptions for related conversations etc.) sent, received, created or destroyed from 1/1/22 to the date of your response to this request, by any staff member, Board member, or any other [School/MVRCS-] compensated individual related to: [1] Public or private use of the MVRCS-owned parking lot at [a]ddress 28 LEBANON ST, PID 134 654 420L, Use Code 940 – EDU-PRV-ELM, and [2] Use by MVRCS of property known as Trafton Park – in the past, present or future – which is owned by the City of Malden, having the public address and description of 0 GRANITE ST, PID 142 669 901, Use Code 932 – MUNPL- CONSER[.] The School responded on June 26, 2023, stating, “[u]pon the advice of counsel, we are not responding to any public records requests at this time.” Unsatisfied with the School’s response, Malden News Network appealed, and this case was opened as a result. Subsequent to the opening of this appeal, the School’s Legal Counsel, Matthew Campbell emailed an attorney in the Public Records Division on July 17, 2023, stating, “…[a]ttached please find a [determination] from [Supervisor of Records Manza Arthur] who dealt with a 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 SPR23/1619 Page 2 July 25, 2023 similar request in SPR23-0803 from this entity. The legal position of the School has not changed.” 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) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). 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).

Rick Veilleux SPR23/1619 Page 3 July 25, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Malden News Network Matthew Campbell, Esq.