Ben Douglas v. Lynn, City of - Office of the City Solicitor (SPR 20202181)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 16, 2020 SPR20/2115; SPR20/2181 SPR20/2193; SPR20/2218 Charles Gallo, Compliance Officer Records Access Officer (RAO) Lynn Public Schools 100 Bennett Street Lynn, MA 01905 Dear Mr. Gallo: I have received the petitions purporting to be from Benjamin Douglas and Juan Jefferson appealing the responses of the Lynn School Department (Department) to requests for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Since August 2020, numerous requests have been made under these names seeking various documents from the Department. Current appeal The Department has advised that since June 18, 2020, the Department has received “… at least 28 requests from someone using the following aliases, referred to … as the Requestor” as follows: • “Ben Douglas/Benjamin Douglas (individually, no affiliation listed) • Ben Douglas of the National Association for Teaching Optimization (NATO), • Ben Douglas of the Institute for Education Metrics and Evaluation (IEME), • George Adams uses same contact information as Ben Douglas individually, • Anonymous request (with no name provided) with same email at George Adams, • Juan Jefferson using an address which is the same address as Lynn Classical High School.” The Department further states: • “…[t]he Requestor’s requests have been made in bad faith in order to overwhelm LPS staff, including the Principal of Lynn Classical High School, LPS’s Human Resources Department, LPS’s IT Department and computer staff, LPS’s RAO, and various other LPS staff,… 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 SPR20/2115; SPR20/2181 Page 2 SPR20/2193; SPR20/2218 November 16, 2020 • Responding to the Requestor unduly burdens the responsibilities of LPS at the present time … • This burden is exacerbated because the Requestor’s requests are frequent… • The Requestor explains on page 2 of [the] October 11th email … that he makes requests in order to ‘play a little joke’ on the RAO, evidently designing his requests in order to intimidate and harass, not for the broad dissemination of information to the public about actual or alleged government activity. • The Requestor further explains on page 2 of [the] October 11th email … that he makes [requests] because he knows that “the Lynn Public Schools and Mr. Gallo (RAO) would go ballistic,” evidently designing his requests in order to intimidate and harass…” Moreover, the Department states, in part, that the requestor duplicates requests and requests information and documentation that has already been provided by the Department, as well as corresponds argumentatively and inappropriately with the RAO. The Department asserts that the requestor’s October 11th email, “… evidences that the Requestor’s requests are frivolous, designed to intimidate and harass, and are not intended for the broad dissemination of information to the public about actual or alleged government activity.” Lack of good faith 950 C.M.R. 32.08(2)(b) provides in pertinent part: The Supervisor of Records may deny an appeal for, among other reasons if, in the opinion of the Supervisor: the request is designed or intended to harass [or] intimidate….” 950 C.M.R. 32.08(2)(b)(2). Conclusion Given this requestor’s ongoing pattern of acting without good faith, I deny these appeals. See 950 C.M.R. 32.08(2)(b)(2); see also G. L. c. 66, § 10(c). The requestor is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c). Sincerely, Rebecca S. Murray Supervisor of Records cc: Ben Douglas Juan Jefferson