Emily Pfeiffer v. Pioneer Valley Performing Arts Charter Public School (SPR 20253853)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 15, 2026 SPR25/3853 Latrina Denson President of the Board of Trustees Pioneer Valley Performing Arts Charter Public School 15 Mulligan Drive South Hadley, MA 01075 Dear Ms. Denson: I have received the petition of Emily Pfeiffer appealing the response of the Pioneer Valley Performing Arts Charter Public School (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 12, 2025, Ms. Pfeiffer requested, “the recording of the Board of Trustees special meeting on Nov 21.” The School provided two responses on December 22, 2025. Unsatisfied with the School’s responses, Ms. Pfeiffer petitioned this office and this appeal, SPR25/3853, 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. If there are any fees associated with a response a written, good faith estimate must be 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

Latrina Denson SPR25/3853 Page 2 January 15, 2026 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 December 22nd Responses In its December 22, 2025 response the School stated, “[t]he meeting from November 21st was not recorded due to technical issues. However, we have shared with you the written minutes.” In an additional December 22, 2025 response the School stated, “[u]nforunately due to technical difficulties with zoom initially (as you recall the meeting started later than initially listed due to the technical difficulties); as a result, someone else has to log into zoom to start the meeting. As a result there appeared to be some difficulties and the meeting did not record.” Current Appeal In her December 31, 2025 petition to this office, Ms. Pfeiffer stated, “…[the School] claims there were technical difficulties because someone else logged in and started the zoom. However, I was on the meeting, and the system clearly announced it was recording. That recording is (or was) saved somewhere, and is now the public record that I am requesting…” Based on Ms. Pfeiffer’s petition and the School’s responses, it is unclear whether the School possesses responsive records. 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). Consequently, the School must clarify whether it possesses responsive records. Conclusion Accordingly, the School is ordered to provide Ms. Pfeiffer 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. Ms. Pfeiffer may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Emily Pfeiffer