David Brien v. Lenox, Town of - Town Clerk (SPR 20170423)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray ' Supervisor ofR ecords January 25, 2017 Kerry Sullivan Town Clerk Town of Lenox 6 Walker Street Lenox, MA 01240 Dear Ms. Sullivan: I have received your petition on behalf of the Town of Lenox (Town) 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 Town provided a copy ofthis petition to the requester. G. L. c. 66, § 10 (c ). Specifically, Dianne C. Bridges and another requester requested copies of records pertaining to the assessed value of a specifically identified property. 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 § 10(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

Kerry Sullivan Page 2 January 25, 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). Current petition In an email dated January 24, 2017, you informed this office that the Town now believes it can provide the information to Ms. Bridges within ten (10) business days as set forth G.L. c. 66, § 10(a) and that "[w]e are no longer requesting an extension for this request." I understand you also provided this information to Ms. Bridges. Conclusion In light of the Town's January 24th email, I will not opine on the Town's petition for an extension oftime to furnish responsive records. The Town is advised it must provide the records in a manner consistent with the Public Records Law and its Access Regulations. Ms. Bridges may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, J!WuM~ Rebecca S. Murray Supervisor of Records cc: Dianne C. Bridges