Malden News Network v. Mystic Valley Regional Charter School (SPR 20232788)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2023 SPR23/2788 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 November 1, 2023, Malden News Network referred to a specified property and requested the following: Demolition related records such as: [1.] records exchanged between MVRCS, or any of its legal representatives or partners including [a.] the construction crew, contractors and any staff involved in the physical alteration of the building, including at least the following; [b.] MVRCS Headmaster ... [c.] Project Manager ... or any legal entity or organization he is associated with [2.] records related to DESE, the Massachusetts Historical Commission or any state official MVRCS made aware of the alteration, destruction, demolition of School / Educational property; [3.] records related to the City of Malden, Malden Fire Department, or any city official or legal representative involved with the use, permits, agreements, commitments, exchange of funds, promises, or other valuable consideration concerning the demolition; [4.] business records related to this demolition such as invoices, payments, checks, EFT confirmations, taxes, compliance, vendor accounts, time billing statements, or bills of any sort. The School responded on November 6, 2023, stating that “in light of ongoing litigation with [Malden News network] regarding these requests, the School is unable to respond to any requests under G. L. c. 66 and 950 CMR 32.” Unsatisfied with the School’s response, Malden 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 SPR23/2788 Page 2 December 4, 2023 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. Referred to the Office of the Attorney General 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. Subsequently, I understand that on July 31, 2023, the AGO filed a civil action in Suffolk Superior Court concerning this matter. See Andrea Joy Campbell, Attorney General v. Mystic Valley Regional Charter School (Suffolk Superior Court Docket No. 2384 CV 01732). In light of this referral, I decline to provide a determination as to the public status of the requested records at this time. 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.