Isaac Rose v. Massachusetts College of Art and Design (SPR 20253765)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 29, 2025 SPR25/3765 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 December 22, 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, Isaac Rose, of retainedequity.com. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On December 10, 2025, Mr. Rose requested the following records “pertaining to any of the following types of obligations that [the College] may possess . . . that are greater than $1000 from this day until five years back[:]” [1] Uncashed/Unclaimed checks and funds[;] [2] Outstanding and Refundable credit balances[;] [3] Checks Exempt from Unclaimed Property Reporting[.] . . . For each property, please provide issue dates, payee names, addresses, and dollar amounts due. If possible, an excel document would be the desired format to receive the data. In submitting the above, Mr. Rose stated that he was making his request on behalf of his employer and noted, “[w]e are an asset recovery corporation and are therefore commercially requesting this information, in an attempt to assist creditors with regaining their assets. . . .” 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 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 SPR25/3765 Page 2 December 29, 2025 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 provides the following in support of its request: The requested information dates back five years and requires extensive examination to determine the applicability of various exemptions to disclosure, including related to the personal information of employees, and information that is exempted from disclosure by statute (including FERPA). This examination will take some time to complete. In light of the need to collect, segregate and examine the records and the scope of redaction required to prevent unlawful disclosure, the College has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(ii). The College is granted an extension of 20 business days. Conclusion As described above, I find the College has established good cause for a time extension of 20 business days.

Brendan O’Bryan SPR25/3765 Page 3 December 29, 2025 Please note, Mr. Rose 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: Isaac Rose