Colman Herman v. Salem State University (SPR 20180750)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 31,2018 SPRl81750 Rita Colucci General Counsel Salem State University 3 52 Lafayette Street Salem, MA 01970 Dear Attorney Colucci: I have received your petition on behalf of Salem State University (University) seeking an extension of time to furnish copies of a requested record. G. L. c. 66, 5 10(c). As required by law, the University furnished a copy of this petition to the requestor. Specifically, Mr. Herman requested "hard copies of the contracts Salem State University had with the following individuals who have spoken at the university: John Legend, Ed Davis, Tom Brady, Robin Young, Peter Gammons, Newt Gingrich, Deepak Chopra, Jay Leno, Bill Belichick, George Will, Cal Ripken Jr., George H.W. Bush, Natalie Jacobson, Maya Angelou, Robert Redford, Joyce Kulhawik, and Jack and Suzy Welch. Please also provide me with a hard copy of the contract that Salem State University had with moderator Lisa Hughes." 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 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

Rita Colucci Page 2 May 31,2018 (vi) the public interest served by expeditious disclosure. 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 Id. obligation to provide copies of the records sought. 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 C.M.R. 36.06(4)(b). Current Petition The University in its May 22,201 8 petition is requesting "additional time to respond to the question of whether any employees in the University possess and responsive records, for the following." SPR181619 Determination of the Supervisor of Records (May 14,2018). The University explains "[gliven the large number of files and emails that must be reviewed and the time of year" they "request the University be granted 10 additional business days, until June 12, to inform you as to whether the requested records arelwere in possession of University employees." On May 29th,t he University provided additional information in accordance with the order in SPR181619 indicating "it is the University's position that any employee of the University may spend up to 25% of their time working on Foundation matters, and during that time, any documents the University employee comes into contact with remain private Foundation documents, not subject to MGL c. 4 §7(26)." Conclusion Accordingly, I find in light of the May 29th email in which the University provided a response to the determination in SPR1816 19, it is unnecessary to opine on the University's petition. See SPRl816 19 Determination of the Supervisor of Records (May 14,201 8 ). Mr. Herman may appeal the substantive nature of the University's response within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Supervisor of Records cc: Colman Herman