Brandon Stokes v. Massachusetts College of Art and Design (SPR 20253374)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 24, 2025 SPR25/3374 Brendan O’Bryan Records Access Officer Office of the President Massachusetts College of Art and Design 621 Huntington Avenue Boston, MA 02115 Dear Mr. O’Bryan: On November 17, 2025, this office received your petition on behalf of the Massachusetts College of Art and Design (Town) 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 Town furnished a copy of the petition to the requestor, Brandon Stokes, of 7 NEWS WHDH Boston. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On November 4, 2025, Mr. Stokes requested: [1] [S]urveillance video beginning around 3:49am on 11/1/25 showing 3 people walking southwest along Huntington Avenue (1 of them is wearing white Croc shoes and stuffing sweatpants into his shorts; another is wearing a dark hooded jacket and black sneakers)[;] [2] [S]urveillance video showing their movements until they leave the MassArt campus. 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; 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 SPR25/3374 Page 2 November 24, 2025 (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 provides the following in support of its request: The reason for this extension request is that the request is very very specific footage that must be identified from within a wide range of footage from that time period. The footage requested, if it exists, must be thoroughly vetted to ensure that no private information is produced. 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. In an email to Mr. Stokes and this Office on November 24, 2025, the College provided the following additional information: We are in the process of reviewing the multiple security cameras on our campus which may or may not have footage that is responsive to the request and which also may contain exempted or segregable content, especially via exemption (f) related to investigatory materials. . . . In light of the need to collect, segregate and examine the records, 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.

Brendan O’Bryan SPR25/3374 Page 3 November 24, 2025 Conclusion As described above, I find the College has established good cause for a time extension of 20 business days. Please note, Mr. Stokes 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: Brandon Stokes