Emiliano Falcon-Morano v. Massachusetts College of Liberal Arts (SPR 20241492)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 21, 2024 SPR24/1492 Lisa Lescarbeau Records Access Officer Massachusetts College of Liberal Arts 375 Church Street North Adams, MA 01247 Dear Ms. Lescarbeau: On May 16, 2024, this office received your petition on behalf of the Massachusetts College of Liberal Arts (College/MCLA) 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, 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 (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

Lisa Lescarbeau SPR24/1492 Page 2 May 21, 2024 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 an extension of 20 business days and provides the following information in support of its request: [M]CLA has been engaged in planning and carrying out commencement ceremonies, as well as other end of fiscal and academic year activities. As such, this is an incredibly busy time for the College involving key College employees including many of whom will be asked to assist in responding to this request. … [A]CLUM has requested 15 separate sets of documents, which could result in a voluminous number of records, some of which may be subject to exemptions pursuant to MGL c. 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 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. 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).

Lisa Lescarbeau SPR24/1492 Page 3 May 21, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Emiliano Falcon-Morano, Esq.