Emiliano Falcon-Morano v. Framingham State University (SPR 20241481)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 21, 2024 SPR24/1481 Ann S. McDonald, Esq. Chief of Staff & General Counsel/ Secretary to the Board of Trustees Framingham State University 100 State Street Framingham, MA 01701 Dear Attorney McDonald: On May 15, 2024, this office received your petition on behalf of Framingham State University (University/FSU) 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 University furnished a copy of the petition to the requestor, Attorney Emiliano Falcon-Morano, of ACLU of Massachusetts. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On May 8, 2024, Attorney Falcon-Morano requested 15 categories of records pertaining to the surveillance of students and the use of surveillance technology to monitor students’ protests. 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 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

Ann S. McDonald, Esq. SPR24/1481 Page 2 May 21, 2024 (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 University requests an extension of 20 business days and provides the following information in support of its request: [F]SU is currently engaged in planning and carrying out its commencement ceremonies, scheduled for May 17 and 19, 2024, as well as a number of other end-of-year activities. … [A]CLUM has requested 15 separate sets of documents, which minimally requires a great deal of due diligence on the part of campus record holders to determine the existence of the records and then ultimately the production should they exist. Most of the employees being asked to examine records are currently involved in these important commencement and end of year activities. Further exacerbating this matter is that any records identified may be subject to exemptions pursuant to Massachusetts General Laws Chapter 4, Section 7(26). The nature of the records requested, which involve emails and other documents that could contain sensitive information, require that each record be carefully reviewed to ensure that production of the document is lawful. In light of the need to collect, segregate and examine the records, as well as the capacity of the University to produce the records without an extension, the University has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The University is granted an extension of 20 business days. Conclusion As described above, I find that the University has established good cause for a time extension of 20 business days.

Ann S. McDonald, Esq. SPR24/1481 Page 3 May 21, 2024 Please note, Attorney Falcon-Morano 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: Emiliano Falcon-Morano, Esq.