David Forth v. Whitman Hanson Regional School District (SPR 20201293)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 10, 2020 SPR20/1293 George M. Ferro, Jr. Records Access Officer Whitman-Hanson Regional School District 610 Franklin Street Whitman, MA 02382 Dear George Ferro Jr.: I have received your petition on behalf of the Whitman-Hanson Regional School District (District) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the District furnished a copy of this petition to the requestor. Id. In a letter dated July 7, 2020, David Forth requested “[a]ll emails and additional communications between former Superintendent Ruth Gilbert Whitner and Christopher George from 2015 to 2017.” In a letter dated July 15, 2020 Mr. Forth modified his request. Petition 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

George M. Ferro, Jr. SPR20/1293 Page 2 August 10, 2020 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 C.M.R. 36.06(4)(b). Current Petition In its petition dated August 3, 2020, the District seeks an extension of time to produce records. Specifically, the District seeks an extension of 30 business days. The District states “[a]s a result of COVID-19, there are a limited number of people reporting to work who can review and access the records sought by Mr. Forth, currently only one or two confidential administrative assistants available that would need to work beyond their regular work day or outside their contractual obligation to accomplish this task.” The District indicates it “is devoting substantially all of its time and staff to coming up with reopening plans so that it can commence school in the fall. Given the broad nature of his request, Mr. Forth’s requests will require that someone review individual email and/or correspondence to ensure that the information does not contain student record information and/or personnel record information that is exempt from disclosure under the Public Records Law.” Conclusion In light of the District’s petition, I find the District has established a good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the District an extension of 30 business days to furnish copies of records responsive to Mr. Forth’s request. See G. L. c. 66, § 10(c). To the extent possible, the District must provide responsive records on a rolling basis. Further, this office encourages Mr. Forth and the District to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii)(an agency or municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably). Any fee estimate by the District must be in compliance with this determination, the Public Records Law, and its Access Regulations. Please note, Mr. Forth has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, § 10(d)(iv)(4), 10A(c).

George M. Ferro, Jr. SPR20/1293 Page 3 August 10, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: David Forth Michelle Lindberg