Sara Hincapie v. Bristol Community College (SPR 20242888)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 24, 2024 SPR24/2888 Joyce Brennan Vice President of Marketing & Communication Bristol Community College 777 Elsbree Street Fall River, MA 02720 Dear Ms. Brennan: On October 21, 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, Sara Hincapie. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On October 15, 2024, Ms. Hincapie requested: [1.] [C]opies of the policies and procedures of the Student Wellness Center in place from 2016 to 2023, as well as the current policies in 2024[;] [2.] [F]inancial and budget records related to the funding of counseling services at the Student Wellness Center from 2016 to 2023, including any grants or government funding that supported these services[;] [3.] [J]ob descriptions or policy documents outlining licensure requirements for Senior Mental Health Counselors and other counseling staff working in the Student Wellness Center from 2000 to 2023[;] [4.] [R]ecords or reports that indicate whether insurance claims were submitted for students using counseling services at the Student Wellness Center from 2016 to 2023[;] [5.] Salaries and Benefits of Public Employees (2019–2023) - records of the salary and benefits received by [an identified individual] during the start of her employment at Bristol up until she left in 2023. 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 SPR24/2888 Page 2 October 24, 2024 - request records of the salary and benefits received by [an identified individual] during the start of his employment at Bristol up until he left in 2023. -records of the salary and benefits received by [an identified individual] during the start of her employment at Bristol up until the present in 2024[;] [6.] [O]rganizational charts or documents that outline the supervisory structure of the Student Wellness Center from 2016 to 2023, specifically indicating who supervised counselors such as [an identified individual] and other unlicensed staff such as [two identified individuals] among others. 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. 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:

Joyce Brennan SPR24/2888 Page 3 October 24, 2024 The public records request includes a variety of documents from multiple areas of the college. Since these records need to be gathered from various departments and systems, it’s likely we will exceed the initial 10-day timeframe for our response. Thus, for any or all of the reasons outlined above, the College does not have the capacity to produce the requested documents and/or issue estimated charges by the tenth business day following its receipt as required by the law. 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, Ms. Hincapie 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: Sara Hincapie