Coquina Labs, Inc v. Executive Office of Technology Services and Security (SPR 20251201)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 5, 2025 SPR25/1201 Luke Ferreira, Esq. Assistant General Counsel Executive Office of Technology Services and Security One Ashburton Place Boston, MA 02108 Dear Attorney Ferreira: On April 30, 2025, this office received your petition on behalf of the Executive Office of Technology Services and Security (Office/EOTSS) 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 Office furnished a copy of the petition to the requestor, Coquina Labs, Inc. (requestor). G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On April 15, 2025, the requestor sought the following: [1] The most recent available purchase orders (over the past 24 months) for [identified software licenses][;] [2] The most recent available purchase orders (over the past 24 months) for [identified resellers of technology]. 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 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

Luke Ferreira, Esq. SPR25/1201 Page 2 May 5, 2025 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 Office requests, “a twenty (20) business day extension to EOTSS to provide a response to this request…” The Office provides the following in support of its request: The scope of this request is very broad. As per the CommBuys service, EOTSS has issued approximately one hundred fifteen (115) bid solicitations from April 1, 2023, through April 15, 2025. Some of those solicitations may not have resulted in a procurement contract, but others will have produced multiple purchase orders. Given the expansive nature of the enumerated software, developers, and resellers, it is likely that a significant majority of EOTSS’ purchase orders during the specified period will be responsive. Finally, purchase order documentation could include sensitive financial, payment, or security information and will need to be reviewed and redacted. EOTSS also notes that the language of the request could be interpreted to include purchase orders issued by other Commonwealth entities. Although such records would be outside the custody, possession, or control of EOTSS, they are arguably responsive to this request, and EOTSS wishes to clarify with the requestor that it can produce purchase orders issued by EOTSS itself, rather than purchase orders in the care, custody, and control of other Commonwealth entities. In light of the need to collect and examine the records, as well as the capacity of the Office to produce the records without an extension, and efforts undertaken by the Office in fulfilling the current request, the Office has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The Office is granted an extension of 20 business days.

Luke Ferreira, Esq. SPR25/1201 Page 3 May 5, 2025 Conclusion As described above, I find that the Office has established good cause for a time extension of 20 business days. Please note, the requestor 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: Coquina Labs, Inc.