Benjamin Douglas v. Lynn, City of - Public Schools (SPR 20201664)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 18, 2020 SPR20/1664 Charles Gallo Compliance Officer / Records Access Officer (RAO) Lynn Public Schools City of Lynn 100 Bennett Street Lynn, MA 01905 Dear Mr. Gallo: I have received your petition on behalf of the Lynn Public Schools (School) seeking relief from its obligation to produce responsive records or an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, the School furnished a copy of this petition to the requestor. G. L. c. 66, § 10(d)(iv). The School is requesting relief from requests made by Ben Douglas since June 18, 2020. Previous Petitions Many of the requests made since June 18, 2020 were the subject of previous petitions. See SPR20/1313 Determination of the Supervisor of Records (August 12, 2020); SPR20/1347 Determination of the Supervisor of Records (August 18, 2020). Please be advised, records requests made by Mr. Gallo before August 11, 2020 (the date of the School’s most recent petition) have already been addressed in these prior petitions. Consequently, this petition only addresses Mr. Douglas’s subsequent records requests. In my August 12th and 18th determinations, I found the School had not established how the requests were “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). I also found in light of the efforts undertaken by the School in fulfilling the requests, as well as the capacity of the School to produce the records without an extension, the School had established good cause to permit an extension of time of 15 business days. G. L. c. 66, § 10(c)(i)-(ii). 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 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

Charles Gallo SPR20/1664 Page 2 August 18, 2020 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). 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). Request for relief from obligation In its September 11, 2020, petition the School requests “that the Supervisor of Records provide any appropriate relief or order pursuant to said statute or regulation.” The School further requests “that the Supervisor of Records relieve LPS of its obligation to provide records sought by the Requestor, upon determination that the requests are frivolous or designed to intimidate or harass, and are not intended for the broad dissemination of information to the public about actual or alleged government activity, within the meaning of Massachusetts General Laws Chapter 66 Section 10 and/or 950 CMR 32.06(4).” The School states it “has received at least twenty-two (22) purported requests for public records from June 18, 2020, through the date of this Petition…” The School contends “a number of the Requestor’s requests have little or nothing to do with LCHS, may be frivolous or designed to intimidate or harass, and may not be intended for the broad dissemination of information to the public about actual or alleged government activity.” In support of this claim, the School provides “LPS Request Form #167 requesting salary and other information about Deputy Superintendent Debra Ruggiero, which has little or nothing to do with LCHS.”

Charles Gallo SPR20/1664 Page 3 August 18, 2020 Based on the information provided in its September 11th correspondence, I find that the School has not established how 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). Extension of time to produce responsive records In its September 11th petition, the School indicates “[r]egardless of the legitimacy of the Requestor’s requests, the timing of them presents a challenge. The 2020-21 LPS School Year begins on September 16, 2020. LPS will be doing 100% remote learning due to the high occurrence of COVID-19 in the Lynn area. LPS staff are busy preparing for the unprecedented 2020-21 school year at this time, and will have their hands full in the first couple of months following the start of this online school year.” The School states “[r]esponding to the Requestor unduly burdens the other responsibilities of LPS at the present time, namely, the responsibility to educate children remotely in the midst of the pandemic.” The School explains “[f]or the most part, the Principal of LCHS has had to be the one to personally gather and compile many of the documents requested by the Requestor, impeding her focus on the critical 2020-21 school year plans.” Based on the School’s petition, I find it unclear for which requests submitted by Mr. Douglas the School needs an extension of time to produce the responsive records. Conclusion Accordingly, the School’s petition to be relieved of its obligation to provide copies of the records sought by Mr. Douglas is not granted. Further, the School is advised to clarify which requests submitted by Mr. Douglas require an extension of time to produce. Sincerely, Rebecca S. Murray Supervisor of Records cc: Ben Douglas