Malden News Network v. Mystic Valley Regional Charter School (SPR 20243072)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 25, 2024 SPR24/3072 Richard Veilleux Assistant Superintendent, Finance and Operations Mystic Valley Regional Charter School 4 Laurel Street Malden, MA 02148 Dear Mr. Veilleux: I have received the petition of Brian DeLacey, 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 October 7, 2024, Mr. DeLacey requested the following: [A]ll records from the date case #2384CV01732 was initiated to the date of this request which could be characterized as the following: 1) invoices received, even if unpaid, and, separately, payments made (as evidenced by check payments, wire transfer or other common records of payment) or pro bono services received involving any individual, consultant, business, firm, corporation, educational institution, organization, service provider, expert or any other entity involved with the court case “2384CV01732 Andrea Joy Campbell, Attorney General vs. Mystic Valley Regional Charter School”; 2) communications exchanged (e.g. email and attachments) with DESE in relation to activities or expenses of #2384CV01732; 3) documentation of obligations and actions taken under 950-cmr-32.04(1) (2) (3) and (4), such as any designation or appointment of Records Access Officer/s and any notice you have posted “in a conspicuous location at [MVRCS] offices and on its website, if any, the name, title, business address, business telephone number, and business email address of each records access officer.” Previous Appeal This request was the subject of a previous appeal. See SPR24/2878 Determination of the 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

Richard Veilleux SPR24/3072 Page 2 November 25, 2024 Supervisor of Records (November 1, 2024). In my November 1st determination, I ordered the School to provide a response to Mr. DeLacey’s request. Subsequently, the School responded on November 12, 2024. Unsatisfied with the School’s response, Mr. DeLacey petitioned this office, and this appeal, SPR24/3072, 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. Attorney 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. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The School’s November 12th Response In its November 12, 2024 response, an attorney for the School states the following: [T]he School is currently involved in ongoing litigation surrounding the issue of its duty to respond to Public Records Requests under MGL c. 66. Until a final decision on the merits is reached and appellate processes exhausted, the School will not be responding to requests such as [Mr. DeLacey’s] recent submission[.] Current Appeal In his appeal petition, Mr. DeLacey argues the following: As of this Public Records appeal, neither the Response from the MVRCS General Counsel nor the Suffolk County Superior Court docket (Ex04-Docket- 2384CV01732 and MassCourts docket for “2384CV01732 Andrea Joy Campbell, Attorney General vs. Mystic Valley Regional Charter School”, which shows a JUDGMENT dated 10/10/24) gives clear evidence of existing appellate processes.

Richard Veilleux SPR24/3072 Page 3 November 25, 2024 Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. Based on the information provided in the School’s November 12th response, I find that the School has not demonstrated that the records requested in this appeal are the subjects of a dispute in active litigation. Specifically, the School has not provided a docket number or any other information to demonstrate a pending appeal or other litigation that may involve the requested records. See 950 C.M.R. 32.08(2)(b). Duty to Respond As noted in the November 1st determination, the School is reminded that the Attorney General’s Office (AGO) has previously found “that the School is a public entity subject to the Public Records Law” and has previously directed the School to respond to public records requests. See AGO letter dated October 20, 2022. Further, the Suffolk County Superior Court has previously declared “that MVRCS is a custodian of public records, is subject to the Public Records Law, and must respond to public records requests pursuant to G. L. c. 66, § 10.” See Andrea Joy Campbell v. Mystic Valley Regional Charter School, Suffolk Superior Court Docket No. 2384-CV-01732 (October 4, 2024). Conclusion Accordingly, the School is ordered to provide Mr. DeLacey with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Brian DeLacey Matthew Campbell, Esq.