Transparency, Commonwealth v. Malden, City of - Public Schools (SPR 20261437)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 29, 2026 SPR26/1437 Ariana Langston Executive Assistant to the Superintendent Malden Public Schools 110 Pleasant Street Malden, MA 02148 Dear Ms. Langston: I have received the petition of Commonwealth Transparency/OpenCommonwealth (requestor) appealing the response of the Malden Public Schools (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 7, 2026, the requestor sought, “any teams/zoom or other audio and visual recordings of the meeting(s) and the draft and final minutes of the meeting(s), any notes, recordings or other materials used in the preparation of such minutes and all documents and exhibits used at the sessions, for the following meetings and dates”: [1] 6/7/2021 School Committee Executive Session – Fully Unredacted [2] 7/1/2021 School Committee Executive Session – Fully Unredacted [3] 7/29/2021 School Committee Executive Session – Fully Unredacted [4] 8/9/2021 School Committee Executive Session – Fully Unredacted [5] 11/8/2021 School Committee Executive Session – Fully Unredacted [6] 12/6/2021 School Committee Executive Session – Fully Unredacted [7] 9/12/2022 School Committee Executive Session – Fully Unredacted [8] 10/3/2022 School Committee Executive Session – Fully Unredacted [9] 10/17/2022 School Committee Executive Session – Fully Unredacted [10] 10/21/2022 School Committee Executive Session – Fully Unredacted [11] 12/5/2022 School Committee Executive Session – Fully Unredacted [12] 1/9/2023 School Committee Executive Session – Fully Unredacted [13] 2/6/2023 School Committee Executive Session – Fully Unredacted [14] 3/6/2023 School Committee Executive Session – Fully Unredacted 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

Ariana Langston SPR26/1437 Page 2 April 29, 2026 [15] 4/3/2023 School Committee Executive Session – Fully Unredacted [16] 6/12/2023 School Committee Executive Session – Fully Unredacted [17] 11/13/2023 School Committee Executive Session – Fully Unredacted [18] 1/18/2024 School Committee Executive Session – Fully Unredacted [19] 2/5/2024 School Committee Executive Session – Fully Unredacted [20] 3/4/2024 School Committee Executive Session – Fully Unredacted [21] 4/1/2024 School Committee Executive Session – Fully Unredacted [22] 5/6/2024 School Committee Executive Session – Fully Unredacted [23] 6/6/2024 School Committee Executive Session – Fully Unredacted [24] 7/11/2024 School Committee Executive Session – Fully Unredacted [25] 10/10/2024 School Committee Executive Session – Fully Unredacted [26] 2/3/2025 School Committee Executive Session – Fully Unredacted [27] 1/28/26 School Committee Regular Session [28] 2/2/26 School Committee Regular Session [29] 2/18/26 School Committee Regular Session [30] 3/2/26 School Committee Regular Session [31] 3/9/26 School Committee Regular Session [32] 4/6/26 School Committee Regular Session The School responded on April 16, 2026. Unsatisfied with the School’s response, the requestor petitioned this office and this appeal, SPR26/1437, 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 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.

Ariana Langston SPR26/1437 Page 3 April 29, 2026 The School’s Response In its April 16, 2026 response, the School provided records responsive to Items 27-31. Current Appeal In the requestor’s April 16, 2026 petition to this office, the requestor states, “Malden has withheld in their entirety the following public records; [Items 1-26, 32]. Wherefore OpenCommonwealth hereby requests that the SPR find and order Malden to provide all responsive records without delay and without charge.” Open Meeting Law – Items 1-26 The nature of the School’s response and the requestor’s appeal raise issues related to the Open Meeting Law, rather than the Public Records Law. See G. L. c. 30A, § 22(f). Given that an interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General and not this office, I decline to address this issue in this determination. See G. L. c. 30A, § 23. I encourage the parties to contact the Office of the Attorney General for a determination on the status of the executive session minutes. Records in Existence – Item 32 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Based on the School’s response, and the information provided in the requestor’s appeal, it is unclear whether the School possesses additional records responsive to the request. Specifically, it is unclear if the School possesses records responsive to Item 32 of the requestor’s request. If the School does possess records responsive to Item 32, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”).

Ariana Langston SPR26/1437 Page 4 April 29, 2026 Conclusion Accordingly, the School is ordered to provide the requestor 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. The requestor 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: Commonwealth Transparency/OpenCommonwealth