Kanessa Lynn v. Seekonk, Town of - School Department (SPR 20222900)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 27, 2022 SPR22/2900 Bridget K. McNamara Confidential Secretary to the Superintendent of Schools Seekonk School Department 25 Water Lane Seekonk, MA 02771 Dear Ms. McNamara: I have received your petition on behalf of the Seekonk School Department (School) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the School furnished a copy of this petition to the requestor, Kanessa Lynn. Id. On December 6, 2022, Ms. Lynn requested “all written information including all emails” relating to a named individual “from September 1, 2021 [through] December 6, 2022.” 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 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). 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

Bridget K. McNamara SPR22/2900 Page 3 December 27, 2022 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) must 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 December 20, 2022 petition, the School seeks an extension of “30 business days.” In support of its petition, the School indicates that it “replied to the request in a timely fashion on December 20, 2022.” The School further states that “[t]he request is currently requiring the [School] to review close to 29,370 emails. It is not possible to review and redact all those emails within 10 business days. Therefore, [the School] hereby petitions for an extension of time to respond to that portion of the request given that the scope of redaction required to prevent unlawful disclosure is significant. The [School] will be unable to produce the records during normal business hours of operation without an extension in light of the volume of records that needs to be reviewed.” Conclusion I find that in light of the need to search for and collect the records, and the capacity of the School to produce the requested records without an extension, the School has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the School an extension of 30 business days to furnish copies of records responsive to Ms. Lynn’s request. See G. L. c. 66, § 10(c). Further, this office encourages Ms. Lynn and the School to continue to communicate 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). Any fee estimate by the School must be in compliance with this determination, the Public Records Law, and its Regulations. Please note, Ms. Lynn 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).

Bridget K. McNamara SPR22/2900 Page 3 December 27, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Kanessa Lynn