Colman Herman v. Roxbury Community College (SPR 20241162)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 23, 2024 SPR24/1162 Jordan E. Smock Executive Director & Records Access Officer Roxbury Community College 1234 Columbus Avenue Roxbury, MA 02120 Dear Ms. Smock: On April 17, 2024, this office received your petition on behalf of Roxbury Community College (College/RCC) 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 College furnished a copy of the petition to the requestor, Colman Herman. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On April 6, 2024, Mr. Herman requested, “copies of any and all internal and external communications involving members of the press as it pertains to [an identified individual].” On April 8, 2024, Mr. Herman requested, “…details for each of the activities Teak has worked on for Roxbury Community College.” On April 12, 2024, Mr. Herman requested, “…credit card statements…back-up receipts.” On April 14, 2024, Mr. Herman requested “…employee reimbursement for things such as lodging, transportation, and food.” 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 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

Jordan E. Smock SPR24/1162 Page 2 April 23, 2024 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 College requests “a 20-day extension pursuant to 950 CMR 32.06(4) to provide RCC’s responses to Mr. Herman’s request.” In support of its request, the College provides the following information: I am in receipt of multiple public records requests and emails submitted by Colman Herman from April 5, 2024 – April 15, 2024. Please be advised that I am currently reviewing all of the emails as I have been out of the office and returned to work today. In an email to this office on April 18, 2024, the College further explains the following: There are critical college priorities that require [the RAO’s] immediate attention and action, including RCC’s Presidential Search.... The first finalist visit is scheduled for Monday, April 22, 2024 – Tuesday, April 23, 2024. [The RAO] is responsible for overseeing the Office Communications, Marketing & External Affairs and the Events Department at RCC; as both departments are small, my subordinates require my direct support to ensure the success of the finalist visits. In light of the need to collect and examine the records, as well as the capacity of the College to produce the records without an extension, the College has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The College is granted an extension of 20 business days. Conclusion As described above, I find that the College has established good cause for a time extension of 20 business days.

Jordan E. Smock SPR24/1162 Page 3 April 23, 2024 Please note, Mr. Herman 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: Colman Herman