Diana Schwartz v. Westfield State University (SPR 20221249)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 2, 2022 SPR22/1249 Jean Beal Record Access Officer Westfield State University 333 Western Avenue Westfield, MA 01086 Dear Ms. Beal: I have received your petition on behalf of Westfield State University (University) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the University furnished a copy of this petition to the requestor. Id. On May 18, 2022, Diana Schwartz requested: 1. The WSU Athletics Department Institutional Self-Study Guide (ISSG) from 2016 2. The following information specific to the WSU Women’s Ice Hockey Club Team: a. The roster or the number of athletes who participated for each year the club was recognized by the Institution as a club team (approximately 2008 – the present) b. The number of contests participated in each season c. The club organization/league the team was a member of each season 3. Recruiting expenses for WSU athletics teams broken down by sport and gender from 2008 – 2009 school year to the present 4. WSU head and assistant coaches’ salaries broken down by sport and gender from 2008 – 2009 school year to the present. 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 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

Jean Beal SPR22/1249 Page 2 June 2, 2022 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 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 May 27, 2022, the University states the following: Given the volume and nature of the records Ms. Schwartz has requested, resulting in the University locating and compiling electronic and written records spanning fourteen (14) years, the University currently does not possess the staff necessary to locate and compile the requested records in addition to performing their normal duties. Currently, the departments in possession of the records are experiencing staff shortages due to the holiday, vacant positions, and multiple employees testing positive for COVID. As a result, the University will be unable to comply with [Ms. Schwartz’s] request within the time provided by MGL c. 66, Sec. 10(b); the University accordingly seeks an extension of twenty (20) business days from the date upon which Ms. Schwartz initially submitted her request, or such extension of time as you may allow in the circumstances. I find in light of the volume of records, as well as the capacity of the University to produce the request without an extension, the University has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv).

Jean Beal SPR22/1249 Page 3 June 2, 2022 Conclusion I hereby grant the University an extension of 20 business days to furnish copies of records responsive to Ms. Schwartz’s request. See G. L. c. 66, § 10(c). To the extent possible, the University must provide responsive records on a rolling basis. Please note, Ms. Schwartz 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). Sincerely, Rebecca S. Murray Supervisor of Records cc: Diana Schwartz