Malden News Network v. Mystic Valley Regional Charter School (SPR 20243235)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 12, 2024 SPR24/3235 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 November 7, 2024, Mr. DeLacey requested the following: The first category of records requested herein relates to property and associated financial transactions of Mystic Valley Regional Charter School (MVRCS). Please provide records pertaining to transactions recorded in the name of MVRCS with the Registry of Deeds, from 1/1/23 to the date of this request. In particular, please provide records related to transactions on or about the following dates which can be described as follows: [1] 4/4/23 related to an assignment of property, leases, and rents [2] 4/4/23 related to a mortgage in the original maximum principal amount of $12M [3] 2/12/24 related to property at ... Granite St [4] 3/13/24 related to property at ... Columbia St[.] The School responded on November 12, 2024. Unsatisfied with the School’s response, Mr. DeLacey petitioned this office, and this appeal, SPR24/3235, 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 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 SPR24/3235 Page 2 December 12, 2024 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 Responses In its November 12, 2024 response, the School states that “the School is currently involved in ongoing litigation surrounding the issue of its duty to respond to Public Records Requests under MGLc. 66. Until a final decision on the merits is reached and appellate processes exhausted, the School will not be responding to requests such as your recent submission.” 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. This office has reviewed the trial court’s docket and verified that the civil litigation, relating to this matter is still active and ongoing in the Massachusetts Superior Court. See Andrea Joy Campbell, Attorney General v. Mystic Valley Regional Charter School (Suffolk Superior Court Docket No. 2384 CV 01732) (December 10, 2024). In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Richard Veilleux SPR24/3235 Page 3 December 12, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Brian DeLacey