Ilya Feoktistov v. Newton, City of - Law Department (SPR 20182053)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

December 20, 2018 SPR18/2053

Jill M. Murray, Esq.

Assistant City Solicitor

City of Newton/Newton Public Schools 1000 Commonwealth Avenue

Newton Centre, MA 02459

Dear Attorney Murray,

I have received your petition on behalf of the Newton Public Schools (School) seeking relief from its obligation to produce responsive records. G. L. c. 66, § 10(c); see also 950 C.MLR. 32.06(4). As required by law, the School furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). On November 28, 2018, Ilya Feoktistov requested “email and Schoology communications starting August 6, 2018” from a named individual.

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, § 10(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

Jill M. Murray, Esq. SPR18/2053 Page 2 December 20, 2018

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

The School is requesting that it receive “partial relief from a public records request received from Ilya Feoktistov (“Requester”) on November 28, 2018.” The School states “NPS petitions that the Supervisor grant NPS partial relief of its obligation to provide copies of public records sought in this request because the request is specifically designed to intimidate and harass an NPS teacher.”

In support of this claim, the School explains “NPS has received a series of 14 requests from Ilya Feoktistov for curriculum documents and tens of thousands of emails.” The School states “Mr. Feoktistov has been a public critic of Newton Public Schools’ history curriculum, and specifically, a critic of [an identified individual]. .. . He has written several articles, emails, and

other communications specifically identifying [an identified individual]. . . . and asserting allegations against him.”

In particular, the School references an incident that occurred on November 27, 2018, where they believe “Mr. Feoktistov publicly threatened [an identified individual]. . . . with imminent and forthcoming ‘legal jeopardy.’” The School claims Mr. Feoktistov “explicit threat of ‘legal jeopardy’ and contemporaneous request for ALL all of [an identified individual’s]. .. . emails, not just those related to curriculum, demonstrates the clear, unequivocal intent to target . . . for the sole purpose of harassing him, intimidating him, and silencing him.” The School further supports their claim, indicating “Mr. Feoktistov has already requested many of . . . emails that pertain to curriculum and related topics.” The School states Mr. Feoktistov “seeks information that specifically targets [an identified individual] . . . and if disconnected from any legitimate purpose.”

Based on the information provided in the December 17" petition, I find that the School has not met its burden to demonstrate “the requests are not intended for the broad dissemination

of information to the public about actual or alleged government activity” as required by G. L. c. 66, § 10(c).

Jill M. Murray, Esq. SPR18/2053 . Page 3 December 20, 2018

Conclusion

The School must provide a response to Mr. Feoktistov in accordance with G. L. c. 66, § 10(b). This response may identify any records, categories of records or portions of records that the School intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based. See G. L. c. 66, § 10(b)(iv).

Dlerea

Rebecca S. Murray Kelecen Muro

Supervisor of Records ce: Ilya Feoktistov