Justin Cunningham v. Massachusetts College of Art and Design (SPR 20241932)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 11, 2024 SPR24/1932 Brendan O’Bryan Records Access Officer Office of the President 621 Huntington Avenue Boston, MA 02115 Dear Mr. O’Bryan: On July 8, 2024, this office received your petition on behalf of the Massachusetts College of Art and Design (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, Justin Cunningham. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On July 4, 2024, Mr. Cunningham requested “most recent contract documentation (RFP, RFP proposal, contract, and purchase order) with the following student planning software vendors and products…Ellucian (DegreeWorks), Ellucian (CampusLogic (StudentForms)), Ellucian (EduNav), Civitas Learning (CollegeScheduler), EAB (Navigate 360), PowerFAIDS…” 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

Brendan O’Bryan SPR24/1932 Page 2 July 11, 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, allowable according to 950 C.M.R. 32.06(4)(e)” and provides the following information in support of its request: [We] are seeking this extension due to the burdensome nature of the request, in that it asks for production of documents covering an undetermined amount of time relating to a wide array of possible interactions we may have had with more than twelve businesses and business products which are likely to have come under the purview of a variety of departments within the college. Ensuring that we are compliant with this request will take a significant amount of time, as a result. 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, Mr. Cunningham 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).

Brendan O’Bryan SPR24/1932 Page 3 July 11, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Justin Cunningham