Jim Pimental v. Framingham State University (SPR 20250133)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 17, 2025 SPR25/0133 Ann S. McDonald, Esq. Framingham State University 100 State Street Framingham, MA 01701 Dear Attorney McDonald: On January 15, 2024, this office received your petition on behalf of Framingham State University (University) 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 University furnished a copy of the petition to the requestor, Jim Pimental, of the Bricklayers & Allied Craftsmen Local 3. G. L. c. 66, § 10(c); G. L.c. 66, § 10(d)(iv)(2). On January 13, 2024, Mr. Pimental Morano requested, “copies of the certified payroll records submitted by Cape Cod Builders for this project at your earliest convenience.” 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

Ann S. McDonald, Esq. SPR25/0133 Page 2 January 17, 2025 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 University requests, “an extension of 14 business days…” In support of its request the University provides the following information: I am requesting an extension of 14 business days due to the following reasons: 1) The scope and the breadth of the records is significant; 2) The records requested are being supplied by a third party to the University and they have been slow in providing them to us[.] I have already completed my initial response to the requester as of January 13, 2025 and provided a partial satisfaction of the records (4 out of 11 sets of records). In light of the need to collect and examine the records, as well as the capacity of the University to produce the records without an extension, the University has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The University is granted an extension of 14 business days. Conclusion As described above, I find that the University has established good cause for a time extension of 14 business days. Please note, Mr. Pimental 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).

Ann S. McDonald, Esq. SPR25/0133 Page 3 January 17, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jim Pimental