Frank Curry v. Mount Wachusett Community College (SPR 20241830)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 27, 2024 SPR24/1830 Peter H. Sennett Vice President Mount Wachusett Community College 444 Green Street Gardner, MA 01440 Dear Mr. Sennett: On June 21 2024, this office received your petition on behalf of Mount Wachusett Community College (College) 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, Frank Curry. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On May 25, 2024, Mr. Curry submitted six public records requests for “copies of Mount Wachusett Community College - Gardners bills & invoices for network Services (internet, WAN, & LAN), voice (voip, copper, PBX), telephone equipment and services (hardware - software).” 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

Peter Sennett SPR24/1830 Page 2 July 27, 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 College requests, an extension of 20 business days. In support of its request, the College provides the following information: [Mr. Curry] submitted six public record requests simultaneously with each request containing multiple documents sought in each of the six requests, which could result in a voluminous number of records, some of which may be subject to exemptions pursuant to Massachusetts General Laws Chapter 4, section 7(26). The nature of many of the records requested involve reviewing Information Technology related contracts and other vendor documents to determine what if any contact information is contained, for example, or if sensitive, safety, and/or security information, is contained that may be the subject of segregation and possible redaction, thereby requiring the engagement of several administrators. Further, ambiguities in some of the requests complicate the College’s ability to assess which records may be relevant to the request. [The College] is currently engaged in carrying out its end of fiscal year closeout activities, as well as other end-of-year activities such as associated fiscal audits. As such, this is a very busy time for the College involving key college employees including many of whom are required to assist in responding to this request. Additionally, the College is confronted with personnel transitions in several significant positions associated with the business office responsible for many of the relevant records and the short staffing compounds the difficulty in dedicating time and attention to operations in addition to the records review process. In light of the need to collect, segregate and examine the records and 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.

Peter Sennett SPR24/1830 Page 3 July 27, 2024 Conclusion As described above, I find that the College has established good cause for a time extension of 20 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). Sincerely, Manza Arthur Supervisor of Records cc: Frank Curry