Gregory D. Henning, Esq. v. Framingham State University (SPR 20250244)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 3, 2025 SPR25/0244 Ann S. McDonald, Esq. Records Access Officer General Counsel and Chief of Staff Framingham State University 100 State Street Framingham, MA 01701 Dear Attorney McDonald: On January 27, 2025, 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). As required by law, it is my understanding that the University furnished a copy of the petition to the requestor, Attorney Gregory D. Henning, of Henning Strategies. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On January 10, 2025, Attorney Henning requested the following “records from each of the past four school years, beginning in August 2022 to today”: [1] All Memorandum(s) of Understanding between Framingham State University (FSU) and Framingham Public Schools (FPS) for its Partners in Learning (PEL) preschool program[;] [2] All documents or communications concerning or related to the mous between FSU and FPS about the PEL preschool program[;] [3] Any and all documents and records concerning and/or related to the total amount of grant funding used to fund the PEL program at Framingham State University’s Child Development Lab, including, but not limited to grant award letters and statistical tabulations[;] [4] Any and all documents and record(s) that reflect the number of certified special education teachers in FSU’s PEL preschool program, broken down by classroom and employer (e.g. FSU, FPS, etc.)[;] [5] Communication(s), written or electronic, from the Massachusetts Department of Early Education and Care (EEC) notifying FSU of any audit, compliance 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. SPR25/0244 Page 2 February 3, 2025 review, or investigation into its Jeanne M. Canelli Child Development Lab or its Early Childhood Center[;] [6] Communications, written or electronic, from EEC notifying FSU of the outcome of any audit, compliance review, or investigation into its Jeanne M. Canelli Child Development Lab or its Early Childhood Center[;] [7] Communication(s), written or electronic, from the Massachusetts Department of Elementary and Secondary Education (DESE) notifying FSU of any audit, certification, compliance review, or investigation into its undergraduate or graduate education program(s)[;] [8] Communication(s), written or electronic, from DESE notifying FSU of the outcome of any audit, certification, compliance review, or investigation into its undergraduate or graduate education program(s)[;] [9] All communications from teachers or administrators in the PEL/FPS Preschools at Framingham State University concerning problematic (e.g. disruptive or dangerous) behavior from students[;] [10] Any and all injury reports made and/or submitted by FSU, FPS, or its staff from the PEL program. 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).

Ann S. McDonald, Esq. SPR25/0244 Page 3 February 3, 2025 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 60 days” and provides the following information in support of its request: [T]he scope and breadth of the records is significant (2.5 years of records). [T]he nature of the records includes electronic records that will require both information technology efforts and resources to search email correspondence for multiple content factors as the request for correspondence is particularly broad. [T]he University has just begun its spring semester with certain staff just resuming work duties. [T]he request contains both personnel and student records all of which will need to be carefully reviewed by my office to determine if they are subject to a public records law exemption and if they are not, redacted to protect personal information. In an email to this Division on January 28, 2025, Attorney Henning objects to the University’s petition seeking an extension of time, arguing “...[M].G.L. ch.66 § 10(c) allows you to grant a single extension to an agency not to exceed 20 business days. Ms. McDonald’s request significantly exceeds this timeline. Many of the records in my request are single documents that can be produced immediately. Production of simple records should not be delayed by the production of records that Ms. McDonald believes her office needs more time to produce. I have no objection to a rolling or ‘as ready’ disclosure of materials. The beginning of a spring semester at a state university is not an unforeseen circumstance that should be considered when granting an extension.” In light of the need to collect, segregate 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 20 business days.

Ann S. McDonald, Esq. SPR25/0244 Page 4 February 3, 2025 Conclusion As described above, I find that the University has established good cause for a time extension of 20 business days. Please note, Attorney Henning 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: Gregory D. Henning, Esq.