Justin Wenig v. Massachusetts College of Art and Design (SPR 20252231)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 5, 2025 SPR25/2231 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 July 30, 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, Justin Wenig. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On July 30, 2025, Mr. Wenig requested, [1] A list or database of purchase orders (such as a standard PO detail or procurement report) from July 1, 2022 to current date including, but not limited to: Purchase date, Vendor name, Line item description, Line item quantity, and Line item Amount[;] [2] [A] vendor list with corresponding codes. 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 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 SPR25/2231 Page 2 August 5, 2025 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 days to comply with this request” and provides the following information in support of its request: As the RAO for Massachusetts College of Art and Design, I am writing today to respectfully request an extension of 20 days in order to respond to the below request to produce all purchase orders since 2022. The reason for this extension request is that this request is for a large amount of information over a long period of time (3 years). Moreover, some of the content requested may be protected by various exemptions to the Commonwealth’s public records laws and therefore this request will require a thorough review of all of the information covered by the request before we are able to provide any information to the requestor. For these reasons, we respectfully request an extension of 20 days, as allowed under the Commonwealth’s public records 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.

Brendan O’Bryan SPR25/2231 Page 3 August 5, 2025 Please note, Mr. Wenig 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: Justin Wenig