Matthew Drange v. Brockton, City of - Public Schools (SPR 20222100)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 21, 2022 SPR22/2100 Bou Lim Record Access Officer Brockton Public School 43 Crescent Street Brockton, MA 02301 Dear Bou Lim: I have received your petition on behalf of the Brockton Public Schools (School) seeking 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(c). On August 29, 2022, Matt Drange, of Business Insider, requested various categories of records concerning “separation agreements and settlements reached with current and former teachers,” and records “relating to any and all claims of misconduct against current and former teachers.” 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 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. 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

Bou Lim SPR22/2100 Page 2 September 21, 2022 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). Request for Additional Time to Produce Responsive Records In its September 13, 2022 petition, the School states the following: The [School] staff have been searching and compiling records related to the request. Given the broad scope of the request, the volume of potentially responsive records, and the sensitive and confidential nature of the subject matter, which will result in the necessity for detailed review and redaction of the records, the [School] is unable to complete the request without an extension. Therefore, the [School] hereby petitions for an additional 10 business days to respond to the request. Based on the School’s petition, I find that in light of the need to search for, collect, segregate and examine the records, the capacity of the School to produce the request without an extension, and the efforts undertaken by the School in fulfilling the current request, the School has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The School is granted an extension of 10 business days. In an email to this office and the School on September 14, 2022, Mr. Drange offered clarification on certain aspects of his request. This office encourages Mr. Drange and the School to communicate directly in order to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification to the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce records sought more efficiently and affordably). Conclusion Accordingly, I find the School has established good cause for a time extension of 10 business days as described above. Please note, Mr. Drange 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(c),

Bou Lim SPR22/2100 Page 3 September 21, 2022 10(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Matt Drange