Robert Pokress v. Andover, Town of - Public Schools (SPR 20170600)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 10, 2017 SPR17/600 Paul P. Szymanski Assistant Superintendent Andover Public Schools-Administrative Offices 36R Bartlet Street Andover, MA 01810 Dear Mr. Szymanski: I have received your petition on behalf of the Andover Public Schools (School) seeking an extension of time to furnish copies ofrequested records, or any portion thereof. G. L. c. 66 § lO(c); see also 950 C.M.R. 32.06(4). As required by law, the School provided a copy of this petition to the requestor. G. L. c. 66, § 10(c ). Bob Pokress made three separate requests dated March 31, 2017, April 5, 2017, and April 27, 2017. Petitions for an extension of time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66 § lO(c). 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

Paul P. Szymanski SPR17/600 Page 2 May 10, 2017 If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. · The filing of a petition does not affect the requirement that a Records Access Officer (RAO) shall provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 CMR 36.06(4)(b). Current petition In your petition dated May 2, 2017 you indicate the School is requesting "an extension of time to provide access to records Mr. Pokress has requested in his three requests dated March 31, 2017, April 5, 2017, and April 27, 2017." You also state you "have asked Mr. Pokress to consider narrowing the scope of his requests or, alternatively, to provide me with some additional information about what he is looking for so that I can assist him more efficiently." rt March 3 request You indicate Mr. Pokress's March 31st request involves the "'7+H' schedule at Andover High School." You explain the School provided a response to Mr. Pokress on April 11, 2017 in which it provided a fee estimate of $650.00 for the provision of records. I understand you and Mr. Pokress exchanged correspondence regarding the scope of the request, and that the School has not received payment of the estimated fee. G. L. c. 66 § 10( c) provides that "a records access officer may, as soon as practical and within 20 business days after initial receipt of the request. ..p etition the supervisor ofrecords for an extension of the time for the agency or municipality to furnish copies of the requested record, or any portion of the requested record ...." The School's May 2nd petition was not filed within twenty business days after receipt of the March 31st request. Therefore, the School's request for an extension of time to produce these records is denied. April 5th request You further indicate Mr. Pokress's April 5th request involves "performance evaluations of teaching staff and of school system administrators for job performance." You explain the School also provided a response to Mr. Pokress on April 11, 2017 in which it provided a fee estimate of $462.50 for the provision of these records. You state you "have not received payment or any further correspondence from Mr. Pokress regarding this request." It is unclear whether the School is able to produce responsive records within twenty five business days as allowed by G. L. c. 66 § lO(b)(vi), nor has the School indicated how many additional days the School is seeking to produce responsive records. Therefore, the School's

Paul P. Szymanski SPR17/600 Page 3 Mayl0,2017 request for an extension of time to produce these records is denied. As discussed above, the School must request an extension of time within twenty business days of the receipt of the request. April 2 ih request You indicate Mr. Pokress' s April 2ih request involves correspondence "between the current and former Superintendents of the Andover Public Schools and 'members of their administrative/teaching staffs'" regarding certain actions and "DESE." You explain you "have not yet submitted a response to this request. The initial response is due May 12, 2017." Whereas the School has not yet responded to the April 2ih request, it is unclear whether the School is able to produce responsive records within twenty five business days as allowed by G. L. c. 66 § lO(b)(vi), nor did the School indicate how many additional days the School is seeking to produce responsive records. Therefore, the School's petition for an extension of time is denied at this time. The School must provide a written response in compliance the Public Records Law and its Regulations. See G. L. c. 66 § 1O (b ). The School is advised that it must submit another petition for an extension of time, and indicate how many additional days it seeks, if it cannot provide responsive records within twenty five business days of the receipt of the request. G. L. c. 66 § lO(c). Conclusion For the reasons discussed above, the School's petition for an extension of time to produce records responsive to the March 31 si, April 5t\ and April 2ih request is denied. Mr. Pokress may appeal the substantive nature of the School's responses within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~.~ Supervisor of Records cc: Bob Pokress