James Ljunggren v. Department of Fire Services (SPR 20170422)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 24, 2017 Steven P. Rourke, Esq. General Counsel Department of Fire Services P. 0. Box 10 25 - State Road Stow, MA 01775 Dear Attorney Rourke: I have received your petition on behalf of the Department of Fire Services (Department) seeking an extension of time to furnish copies of the requested record, or any portion thereof. G. L. c. 66 § 10(c); see also 950 C.M.R. 32.06(4). As required by law, the agency furnished a copy of this petition to the requester. Specifically, James Ljunggren requested six (6) categories of records related to "Blasting Certificates of Competency." Petitions 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 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 § lO(c) 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

Steven P. Rourke, Esq. Page 2 January 24, 2017 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) shall provide an initial response to a requester within ten business days after receipt of a request for public records. 950 CMR 36.06(4 )(b ). I understand the Department provided this response to the requester. Current petition In your initial petition dated January 17, 2017, you explain the "[r]equest was received by this office on January 13, 2017. Under 950 C.M.R. 32.06(f) we seek an extension until February 13, 2017, which is 20 business days beyond the 10 business day deadline set forth in G.L. c. 66, § 10 ( a)." You indicate the requester did not agree to any extension of time. In an email dated January 24, 2017, on which Mr. Ljunggren was copied, MaryElizabeth Lynch-Lent explains the Department is able to provide records responsive to categories 1, 2, 4, 5, and 6 within ten (10) business days as set forth G.L. c. 66, §10(a). However, Ms. Lynch-Lent explains Department continues to seek an extension to provide records responsive to category 3 because "the agency continues to hand research and compile that information." She explains the Department now seeks a "modified extension of time until Friday, February 3, 2017 (instead of the original requested extension qate of February 13, 2017)" to provide records responsive to category 3. Conclusion In light of the Department's January 241 h email, I find it is unnecessary to opine on the Department's extension request because it now intends to provide all responsive records within fifteen (15) business days of the receipt ofthe request as allowed in G. L. c. 66 § 10(b)(vi). The Department is advised it must seek another petition for extension if it cannot provide responsive records within fifteen (15) business days ofthe receipt ofthe request. G. L. c. 66 § 10(c). The records must be provided in a manner consistent with the Public Records Law and its Access Regulations. Mr. Ljunggren may appeal the substantive nature ofthe Department's response within ninety (90) days. See 950 C.M.R. 32.08(1).

Steven P. Rourke, Esq. Page 3 January 24, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: James D. Ljunggren