Daniel Merline v. Bristol Community College (SPR 20242282)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 16, 2024 SPR24/2282 Joyce Faria Brennan Vice President of Marketing & Communication Bristol Community College 777 Elsbree Street Fall River, MA 02720 Dear Ms. Brennan: On August 12, 2024, this office received your petition on behalf of the Bristol 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, Daniel Merline. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On August 7, 2024, Mr. Merline requested the following [1.] The rate of pay per hour for Accountants with the following classifications: Accountant III Accountant IV Accountant VI[;] [2.] For the time periods from and including: December 2016 to March 2023[;] Any and all emails between [identified individuals] Any and all emails between [identified individuals] [f]or the time periods to and from and including: November 2017 to February 2021[;] [3.] Any and all emails between [identified individuals] [f]or the time periods to and from and including: December 2016 to March 2023. 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: 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

Joyce Faria Brennan SPR24/2282 Page 2 August 16, 2024 (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. 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 time of 20 business days. In support of its request the College provides the following information: The public records request involves emails from employees over an approximate 5-to-7-year period, which may be subject to exemptions under Massachusetts General Laws Chapter 4, Section 7(26). Given the nature of the requested records—including emails and other documents that may contain sensitive information such as personnel details—each document must be carefully reviewed to ensure lawful production. The process involves IT tasks such as retrieving the emails, compiling, reviewing, segregating, and potentially redacting documents. Additionally, scheduled employee vacation time must be considered. 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.

Joyce Faria Brennan SPR24/2282 Page 3 August 16, 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. Merline 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: Daniel Merline