Frank Curry v. Lynn, City of - Public Schools (SPR 20241727)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 13, 2024 SPR24/1727 Charles Gallo, J.D. Records Access Officer Lynn Public Schools 100 Bennett Street Lynn, MA 01905 Dear Mr. Gallo: On May 15, 2024, this office received your petition on behalf of 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, it is my understanding that the School furnished a copy of the petition to the requestor, Frank Curry. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On June 6, 2024, Mr. Curry requested, “copies of Lynn Public School Districts bills & invoices for printing printer(s), copier(s), leases, purchases and monthly charges from January 2024 to May 31 2024.” 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

Charlie Gallo, J.D. SPR24/1727 Page 2 June 13, 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 School requests an extension of time of 30 business days. In support of its request the School provides the following information: This is the Requestor’s fifth (5th) request to LPS from April 6, 2024, through present. The receipt of multiple requests over a short period of time has unduly burdened LPS’s other responsibilities within the meaning of the Massachusetts Public Records Law. Moreover, the LPS office that will be compiling responsive records is the LPS Finance Dept., which is extraordinarily busy at this time due to preparations for the end of the school year on June 20th, and end of the fiscal year on June 30th. In light of the need to collect, segregate and examine 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 that the School has established good cause for a time extension of 30 business days. Please note, Mr. Curry 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).

Charlie Gallo, J.D. SPR24/1727 Page 3 June 13, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Frank Curry