Christopher Huffaker v. Lynn, City of - Public Schools (SPR 20232563)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 2, 2023 SPR23/2563 Charles Gallo Records Access Officer Lynn Public Schools 100 Bennett Street Lynn, MA 01905 Dear Mr. Gallo: On October 26, 2023, this office received your petition on behalf of the Lynn Public Schools District (School) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, I understand that the School furnished a copy of this petition to the requestor, Christopher Huffaker, of the Boston Globe. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On October 25, 2023, Mr. Huffaker requested the following: [F]or the last five school years (since July 1, 2018) to the most updated information available: [1.] Any challenges to or complaints about books in your district’s libraries, classrooms or curriculums, by residents, parents or otherwise. A challenge is any request to remove or restrict access to a book or books based on objections to contents. [2.] Names of the books challenged [3.] Reasons for the challenges [4.] All written discussions, deliberations, communications, memos, emails, etc., from and between district staff and/or School Committee members about the challenges [5.] Official responses to the challenges [6.] The district’s written policy, if one exists, on how to respond to challenges to books [7.] A list of any restrictions placed on individual books including reasons for those restrictions [8.] A list of any books removed from the district’s libraries, classrooms or curriculums, including reasons for their removals. 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 SPR23/2563 Page 2 November 2, 2023 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. 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. 32.06(4)(b). Request for Additional Time to Produce Responsive Records In its petition, the School requests an extension of 30 business days and provides the following information in support of its request: - This is the fifth request [the School] has received from the Boston Globe and its affiliates this calendar year. More detailed information regarding these requests is located in the reference table [provided with the School’s petition]. - Additionally, this request is the fourth from The Boston Globe and its affiliates since July 7, 2023, over the course of approximately four months and is the second request by the same requestor, this calendar year. - 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.

Charles Gallo SPR23/2563 Page 3 November 2, 2023 Additionally, the School provides brief summaries of five previous requests from the Boston Globe. I find that in light of the capacity of the School to produce the request without the extension, and efforts undertaken by the School in fulfilling the previous requests, 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 30 business days. Conclusion Accordingly, I find the School has established good cause for a time extension of 30 business days as described above. Please note, Mr. Huffaker 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). Sincerely, Manza Arthur Supervisor of Records cc: Christopher Huffaker