Collin Binkley v. Department of Elementary and Secondary Education (SPR 20180113)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S Murray Supervrsor o/Records February 1,2018 Josh Varon Legal Counsel Massachusetts Department of Secondary Education 75 Pleasant Street Malden, MA 02148 Dear Attorney Varon: I have received your petition on behalf of the Massachusetts Department of Education (Department) seeking an extension of time to furnish copies of a requested record. G. L. c. 66, 5 10(c). Specifically, Mr. Binkley requested an electronic copy of all 2016 through 2017 restraint data that the school districts provided to the Department. The requested records were the subject of three previous appeals. Supervisor of Records Determinations SPRl7/1635; SPRl711676; SPR18105 1. 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 Ashburton Place, Room 1719, Boston, Massachusetts 02108 (617) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Josh Varon Page 2 February 1,2018 The filing of a petition does not affect the requirement that a Records Access Officer (RAO) shall provide an initial response to a requester withm ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current petition In response to the Supervisor's determination in SPR181051, the Department submitted this petition "to seek a twenty day extension of time in which to produce these records." The Department indicates they discussed the extension with Mr. Binkley on the phone "and he supports our request for an extension." A member of the Public Records Division staff called the Department and confirmed Mr. Binkley is agreeable to the twenty (20) day extension. Conclusion In light of Mr. Binkley agreeing to the twenty (20) day extension, it is not necessary to opine on the Department's petition for an extension of time to furnish responsive records. G. L. c. 66 § 10@)(vi) ("the requestor may voluntarily agree to a response date beyond the timeframes set forth herein"). The Department is advised it must provide the records in a manner - consistent with the Public Records Law and its Access Regulations. Mr. Binklev mav auueal the , See L A substantive nature of the Department's response within ninety (90) days. 950 C.M.R. 32.08(1). Sincerelv. U Rebecca S. Murray Supervisor of Records cc: Collin Binkley