Emiliano Falcon-Morano v. Massachusetts College of Art and Design (SPR 20241520)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 22, 2024 SPR24/1520 Robert Chambers Records Access Officer Massachusetts College of Art and Design 621 Huntington Avenue Boston, MA 02115 Dear Mr. Chambers: On May 17, 2024, this office received your petition on behalf of Massachusetts College of Art and Design (College) seeking an extension of time to produce records. See 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 College furnished a copy of this petition to the requestor, Attorney Emiliano Falcon- Morano, of the American Civil Liberties Union. 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. 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: (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

Robert Chambers SPR24/1520 Page 2 May 22, 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: [The College] is currently engaged in planning and carrying out its commencement ceremonies, scheduled for May 16, 2024, as well as other end-of- year activities. As such, this is an incredibly busy time for the [the College] involving key college employees including many of whom will be asked to assist in responding to this request. As you can see, ACLUM 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 may involve emails and other documents that contain sensitive information, require that each record be carefully reviewed to ensure that production of the document is lawful. The compilation, review, segregation and possible redaction of said documents will require the engagement of numerous key individuals across campus. 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 Accordingly, I find the College has established good cause for a time extension of 20 business days as described above. 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).

Robert Chambers SPR24/1520 Page 3 May 22, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Emiliano Falcon-Morano, Esq.