John Hilliard v. Lynn, City of - Public Schools (SPR 20231810)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 9, 2023 SPR23/1810 Charles Gallo, J.D. Compliance Officer Lynn Public Schools 100 Bennett Street Lynn, MA 01905 Dear Mr. Gallo: On August 4, 2023, this office received your petition on behalf of Lynn Public Schools (School/LPS) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, the Department furnished a copy of this petition to the requestor. Id. On August 2, 2023, John Hilliard, of the Boston Globe, requested records related to “Fiscal 2023 employee payroll” and “Fiscal 2024 year-to-date employee payroll.” Mr. Hilliard specified that “[f]or each employee, this request includes, but is not limited to” eleven (11) categories of information. 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

Charles Gallo, J.D. SPR23/1810 Page 2 August 9, 2023 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). Request for Additional Time to Produce Responsive Records In its August 4th petition, the School requests an extension of 30 business days and provides the following information in support of its request: The following circumstances exist:  LPS is currently in the process of making necessary preparations for the onset of School Year 2023-2024, which includes the interviewing, hiring, and onboarding of new employees by the same human resources staff who will need to fulfill this request.  This was the third request that LPS received from the Boston Globe and its affiliates in eighteen (18) business days. . .  The magnitude of these requests and receipt of multiple requests from the same entity over a short period of time have unduly burdened LPS’s other responsibilities within the meaning of the Massachusetts Public Records Law. I find that in light of the capacity of the School to produce the request without the extension and the efforts undertaken by the School in fulfilling the current request and previous requests, the School has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(iii)-(iv). The School is granted an extension of 30 business days. Conclusion As described above, I find that the School has established good cause for a time extension of 30 business days. Please note, Mr. Hilliard 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), 10(d)(iv)(4), 10A(c).

Charles Gallo, J.D. SPR23/1810 Page 3 August 9, 2023 Sincerely, Manza Arthur Supervisor of Records cc: John Hilliard