AJ Vincelli v. Bristol Community College (SPR 20242394)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 28, 2024 SPR24/2394 Joyce Brennan Vice President of Marketing & Communication Bristol Community College 777 Elsbree Street Fall River, MA 02720 Dear Ms. Brennan: On August 22, 2024, this office received your petition on behalf of 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, A.J. Vincelli. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On August 13, 2024, Mr. Vincelli requested “all money given from Massachusetts College of Art and Design to external vendors/suppliers in FY2015 through (and including) FY2024, a total of 10 years.” 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

Joyce Brennan SPR24/2394 Page 2 August 28, 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. 32.06(4)(b). Current Petition In its petition, the College requests “an extension of twenty (20) business days” and provides the following information in support of its request: Given the requested records, which must be compiled and downloaded by different departments and systems throughout the College, we will likely exceed the initial 10-day timeframe allotted for the response. Please note that some of the systems do not download into Excel and will need to be provided in a different format as we are not required to create a record in response to a request. In addition, the timing of the launch of the Fall semester is also challenging for the departments. 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. Vincelli 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).

Joyce Brennan SPR24/2394 Page 3 August 28, 2024 Sincerely, Manza Arthur Supervisor of Records cc: A.J. Vincelli