Bruce Shaw v. Framingham State University (SPR 20171655)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 4, 2017 SPR17/1655 Rita P. Colucci, Esq. Chief of Staff and General Counsel Framingham State University 100 State Street Framingham, MA 01701 Dear Attorney Colucci: I have received your petition on behalf of Framingham State University (University) seeking an extension of time to furnish copies of a requested record, or any portion thereof. G. L. c. 66, § lO(c). As required by law, the University furnished a copy of this petition to the requestor. Id. In a request, Bruce Shaw sought "purchasing infonnation from Framingham State University for purchases made from 2010 to present day including: 1. Purchase order number or equivalent; 2. Purchase order date; 3. Line item details; 4. Line item quantity; 5. Line item price; 6. Vendor name; and 7. Delivery Address." 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. One AshburtonPlace, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Rita P. Colucci, Esq. SPRl 7/1655 Page 2 December 4, 2017 G. L. c. 66, § lO(c). 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 requester within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current petition Based on a telephone conversation with a member of the Public Records Division staff, it is my understanding that the University subsequently provided the responsive records. Conclusion Given that the University provided the responsive records, it is unnecessary for me to opine on this petition. Mr. Shaw may appeal the substantive nature of the response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Bruce Shaw