Justin P. Wilson-Gabor v. East Longmeadow, Town of - Public Schools (SPR 20222239)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 7, 2022 SPR22/2239 Brendan L. Hughes, Esq. Counsel Town of East Longmeadow East Longmeadow Public Schools One Monarch Place, Suite 1200 Springfield, MA 01144 Dear Attorney Hughes: I have received your petition on behalf of the East Longmeadow Public Schools and the Town of East Longmeadow (Town) seeking relief from the obligation to produce responsive records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv). As required by law, the Town furnished a copy of this petition to the requestors. G. L. c. 66, § 10(c). From September 9, 2022 through September 29, 2022, Justin Wilson-Gabor, Lydus Grey, and Patrick Ryan submitted a total of twelve requests for various public records, including emails to and from named public officials for specified date ranges, and job postings. In an email to this office and the Town on October 3, 2022, Dr. Wilson-Gabor states that Mr. Ryan “has decided not to continue his request.” Accordingly, I decline to address any issues relating to Mr. Ryan’s September 9, 2022 request in this determination. Additionally, in emails to this office on October 3, 2022 and October 4, 2022, Dr. Wilson-Gabor and Mr. Grey expressed opposition to the present petition. Petitions for an Extension of Time and Relief of the Obligation to Respond 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; 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

Brendan L. Hughes, Esq. SPR22/2239 Page 2 October 7, 2022 (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). Request for Relief In its petition, the Town seeks “to be relieved from the obligation to respond to” twelve public records requests. In support of its petition, the Town states “that Mr. Wilson-Gabor all but admits that he directed the numerous records requests subject to this petition and that it is highly likely every single records request was drafted by Mr. Wilson-Gabor. A simple google search raises basic questions about the honesty of his claims about the identities of the other two requesters.” Further, the Town asserts that “the School District and Town ... will not respond to any of these requests, or future requests related to the same subject matter, as to do so would involve hours and hours of needless document review and expenses.” The Town also provides several bullet points that it describes as “circumstantial evidence which demonstrates [Mr. Wilson-Gabor is] behind the requests from ‘Lydus Grey’ and ‘Patrick Ryan.’” The Town further asserts that “it is clear that the basis for these requests are not for a valid purpose and instead to retaliate against and harass the School District and Town.” Based on the information provided in the Town’s petition, and in light of the contents of the original requests, I find that the Town has not demonstrated that the requests are frivolous and 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). Conclusion In light of the above, I cannot grant the Town’s petition seeking relief from its obligation

Brendan L. Hughes, Esq. SPR22/2239 Page 3 October 7, 2022 to produce responsive records at this time. Please note, this office may deny an appeal if, in the opinion of the Supervisor of Records, the request is designed or intended to harass, intimidate, or assist in the commission of a crime. See 950 C.M.R. 32.08(2)(b)(2). Sincerely, Manza Arthur Supervisor of Records cc: Justin Wilson-Gabor Lydus Grey Patrick Ryan