Stephen P. Winslow v. Mystic Valley Regional Charter School (SPR 20232807)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 4, 2023 SPR23/2807 Rick Veilleux Mystic Valley Regional Charter School 4 Laurel Street Malden, MA 02148 Dear Mr. Veilleux: I have received the petition of Stephen P. Winslow appealing the response of the Mystic Valley Regional Charter School (School/District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 24, 2023, Mr. Winslow requested the following: 1. Any and all sections of the Annual Report the District has filed with the Department of Elementary and Secondary Education since 2013 reporting on “Capital plans identifying future planned capital projects and the amounts held in reserve for such projects” 2. Any additional documents prepared by the District identifying or related to future planned capital projects and the amounts held in reserve for such projects prepared on or after January 1, 2018. The School responded on November 18, 2023, stating “that due to ongoing litigation regarding the applicability of M.G.L. c. 66, section 10 to the School and similarly situated entities, the School is unable to produce documents pursuant to [Mr. Winslow’s] request at this time.” Unsatisfied with the School’s response, Mr. Winslow 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). 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 SPR23/2807 Page 2 December 4, 2023 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 Mr. Winslow’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 Mr. Winslow 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: Stephen P. Winslow Matthew Campbell, Esq.