Rita Silva-Martins v. Natick, Town of - Public Schools (SPR 20232743)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 20, 2023 SPR23/2743 Timothy Luff Assistant Superintendent Office of Student Services Natick Public Schools 12 East Central Street Natick, MA 01760 Dear Mr. Luff: On November 13, 2023, this office received your petition on behalf of the Natick Public Schools (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, it is my understanding that the School furnished a copy of the petition to the requestor, Rita Silva-Martins. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On October 30, 2023, Ms. Silva-Martins requested “…[a] copy of the MetroWest Adolescent Health Survey that will be given to middle and high school students…” 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. 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

Mr. Timothy Luff SPR23/2743 Page 2 November 20, 2023 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) 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 their November 13, 2023 petition, the School requests “…an additional 10 days to comply with our provision of records and to provide this requestor with records requested. The record requested is not one in our control to release, and we need to work with the agency who owns the survey to get a copy that we are able to release.” Conclusion In light of the above, I find it is unnecessary to opine on the School’s petition for an extension of time. Specifically, the School intends to provide responsive records within twenty- five (25) business days of the receipt of the request as allowed under G. L. c. 66 § 10(b)(vi). The School is advised it must seek a petition for an extension of time if it cannot provide responsive records within twenty five (25) business days of the receipt of the request. G. L. c. 66 § 10(c). Please note, Ms. Silva-Martins 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). Sincerely, Manza Arthur Supervisor of Records cc: Rita Silva-Martins