Nickole Johanson v. Waltham, City of - Public Schools (SPR 20221920)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 23, 2022 SPR22/1920 Brian K. Reagan, Ed. D. Superintendent of Schools Town of Waltham Public Schools 617 Lexington Street Waltham, MA 02452 Dear Dr. Reagan: I have received your petition on behalf of the Waltham Public Schools (School) seeking an extension of time to produce records, permission to charge for time spent segregating or redacting responsive records, and a waiver of statutory limits on fees that may be assessed in responding to the request. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv). As required by law, the School furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). On March 31, 2022, Nickole Johanson requested a copy of all paper and electronic records, from September 1, 2021 to the date of her request, that were received or sent by thirty-three (33) named individuals. Previous Appeals This request was the subject of previous appeals. See SPR22/0911 Determination of the Supervisor of Records (May 3, 2022), SPR22/1201 Determination of the Supervisor of Records (June 7, 2022), and SPR22/1685 Determination of the Supervisor of Records (August 2, 2022). In the August 2nd determination, I ordered the School to clarify its claims under Exemptions (a), (c), and (n) of the Public Records Law, and to provide Ms. Johanson with an index of communications withheld under the attorney-client privilege. Current Petition Petitions seeking an extension of time to provide records “must be made by a records access officer within 20 business days following receipt of a request for public records, or within ten business days following the records access officer’s receipt of a determination by the Supervisor that a requested record constitutes a public record.” 950 C.M.R. 32.06(4)(d). Petitions seeking a waiver of statutory limits on fees “must be made within ten business days following receipt of a request for public records.” 950 C.M.R. 32.06(4)(g). 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

Brian K. Reagan, Ed. D. SPR22/1920 Page 2 August 23, 2022 The School submitted its petition on August 18, 2022, more than ten business days after the August 2nd determination letter, and more than twenty business days after receipt of the March 31st request. In light of the fact that the School has not demonstrated that it submitted a timely petition, an extension of time, permission to charge for time spent segregating or redacting responsive records, and a waiver of statutory limits on fees cannot be granted. See G. L. c. 66, § 10(c); 950 C.M.R. 32.06(4)(d), (g). The School is further advised that G. L. c. 66, § 10(e) provides in pertinent part that “[a] records access officer shall not charge a fee for a public record unless the records access officer responded to the requestor within 10 business days under subsection (b).” As noted in the June 7th determination letter, to the extent possible, the School must provide Ms. Johanson with responsive records on a rolling basis. Conclusion Accordingly, I am unable to approve the School’s petition seeking an extension of time to produce records, permission to charge for time spent segregating or redacting responsive records, or for a waiver of statutory limits on fees. Sincerely, Manza Arthur Supervisor of Records cc: Nickole Johanson