James Xiao v. Massachusetts College of Art and Design (SPR 20251390)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 21, 2025 SPR25/1390 Brendan O’Bryan Director of Government and Corporate Relations Massachusetts College of Art and Design 621 Huntington Avenue Boston, MA 02115 Dear Mr. O’Bryan: On May 16, 2025, this office received your petition on behalf of the Massachusetts College of Art and Design (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, James Xiao. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On May 7, 2025, Mr. Xiao requested: [1] A spreadsheet of university employees (administrators, faculty, staff, and professionals; not including student employees) that are or were employed during fiscal year 2025 (corresponding with the 2024-2025 academic year), including the following information columns: [2] First name – employee’s first name [3] Last name – employee’s last name [4] Fiscal year – year of the record (e.g., 2025) [5] Department – academic or administrative unit (e.g., Biology, Human Resources). [6] Position/Rank – Official classification (e.g., Assistant Professor, Director). [7] Working Title – Commonly used job title (e.g., Assistant Director of Enrollment, Associate Professor of Economics, etc.) [8] Annualized Salary – Full-year salary (e.g., $75,000), non-inclusive of calculated value of benefits package (if any). [9] FTE (Full-Time Equivalent) – Workload percentage (e.g., 1.0 = full time). Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records 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

Brendan O’Bryan SPR25/1390 Page 2 May 21, 2025 (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. 36.06(4)(b). Current Petition In its petition, the College requests an extension of 20 business days and argues the following in support of its request: Due to the burdensome nature of compiling this information in the format requested and to scrub any exempted personal or private information from the records, we will require more than the allowed 10 business days to comply. 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.

Brendan O’Bryan SPR25/1390 Page 3 May 21, 2025 Please note, Mr. Xiao 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: James Xiao