Michael Klein v. Pioneer Valley Chinese Immersion Charter School (SPR 20243300)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 20, 2024 SPR24/3300 Kathleen Wang Principal Pioneer Valley Chinese Immersion Charter School 317 Russell Street Hadley, MA 01035 Dear Principal Wang: I have received the petition of Michael Klein appealing the response of the Pioneer Valley Chinese Immersion Charter School (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 14, 2024, Mr. Klein requested “[c]opies of the emails parents sent about the purchase of a building at any [sic] prior to its purchase.” Previous Appeal This request was the subject of a previous appeal. See SPR24/3234 Determination of the Supervisor of Records (December 6, 2024). In my December 6th determination, I learned that the School provided a response to Mr. Klein on December 6, 2024. Unsatisfied with the School’s response, Mr. Klein petitioned this office and this appeal, SPR24/3300, 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 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

Kathleen Wang SPR24/3300 Page 2 December 20, 2024 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. The School’s December 6th Response In its December 6, 2024 response, the School advised, “[y]ou submitted your appeal on the date the records were due, before the School had the ability to request an extension due to the number of records requests the School is processing. Therefore, the School is now providing the requested information (attached) in response to the appeal rather than in response to your original request.” Current appeal In his appeal, Mr. Klein stated, “[t]he request was for one or more emails the principal stated she had sent to parent prior to the purchase of the ... new building. As I stated are other parents who can affirm the statement made by principal Wang at the principal conversation meeting in November. The documents the school has provided [d]o not include any emails to parents sent prior to the purchase of the building.” In an email sent to the Division on December 20, 2024 the School stated “... all documents responsive to this request in possession of the school have been provided to Mr. Klein.” No Duty to Create Records Under the Public Records Law, the School is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Conclusion Where the School confirmed that it does not possess additional records responsive to Mr. Klein’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Klein 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).

Kathleen Wang SPR24/3300 Page 3 December 20, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Michael Klein