Ray Fuschetti v. Lynn, City of - Public Schools (SPR 20241147)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 22, 2024 SPR24/1147 Charles Gallo, J.D. Records Access Officer Lynn Public Schools 100 Bennett Street Lynn, MA 01905 Dear Mr. Gallo: On April 17, 2024, this office received your petition on behalf of the Lynn Public Schools (School/LPS) 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, Ray Fuschetti, of NBC Boston. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On April 16, 2024, Mr. Fuschetti requested: [A] copy of the following documents (or documents containing the following information)... [1.] The total number of violent incidents reported in Lynn Public Schools including physical attacks, physical fights, threat of physical attacks and sexual assaults for the school years ending in 2021, 2022 and 2023. [2.] The total number of incidents resulting in punishment for violent incidents. In an email to this office and the School on April 17, 2024, Mr. Fuschetti objects to the School’s petition. 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: 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. SPR24/1147 Page 2 April 22, 2024 (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) 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 petition, the School requests an extension of 30 business days and provides the following information in support of its request: - In the seven (7) business days of April 5 to April 16, 2024, LPS has received at least eight (8) Public Records Requests under the Massachusetts Public Records Law. - The receipt of multiple requests over a short period of time have unduly burdened LPS’s other responsibilities within the meaning of the Massachusetts Public Records Law. - Aspects of an essential grant application to create opportunities for thousands of students is additionally on the plate of the Compliance Officer/Records Access Officer at this hectic and busy time. - Moreover, the Department that houses the Compliance Officer/Records Access Officer is in the process of moving from one physical office location to another approximately two miles away. This creates significant hardship in terms of accessing hard and electronic files, and is expected to result in a total loss of technology access (phones, internet, electronic files) for an undetermined number of days this month.

Charles Gallo, J.D. SPR24/1147 Page 3 April 22, 2024 In light of the need to search for and collect the records, as well as the capacity of the School to produce the records without an extension, the School has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The School is granted an extension of 30 business days. Conclusion As described above, I find the School has established good cause for a time extension of 30 business days. Please note, Mr. Fuschetti 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: Ray Fuschetti