Ronald Alexander v. Wellesley, Town of - Police Department (SPR 20171278)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 20, 2017 SPR17/1278 Kelly Leahy Police Records Manager Wellesley Police Department 485 Washington Street Wellesley, MA 02482 I have received your petition on behalf of the Wellesley Police Department (Department) seeking relief from its obligation to produce responsive records. G. L. c. 66, § 10(c ); see also 950 C.M.R. 32.06(4). As required by law, the Department furnished a copy of this petition to the requester. G. L. c. 66, § lO(c). Ronald Alexander requested "copies of the audio recording(s) of the phone call(s)" to the Department by an identified individual on September 7, 2017. 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). If the Supervisor determines that the request is part of a series of contemporaneous 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

Kelly Leahy SPRl 7/1278 Page 2 September 20, 2017 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 The Department is requesting that it be relieved of its obligation to respond to Mr. Alexander's request for audio recordings of phone calls made by Nan Alexander. The Department explains that "on September 7, 2017, Ms. Alexander called the Police Department seeking information regarding: (1) allegations made by Mr. Alexander to the effect that the January police report was publically available and impacting his ability to find employment; and (2) options regarding a difficult domestic situation." On September 9, 2017 Mr. Alexander referenced the phone calls Ms. Alexander made on September i 11 and he sought "copies of the audio recording(s) of the phone calls(s) described above." In support of its petition, the Department asserts "Mr. Alexander is using the Public Records Law in this instance to intimidate and harass Ms. Alexander and to scare her away from communicating with the Police Department." The Department indicates "[t]he purpose of the Public Records Law is to promote transparency regarding governmental activities" and states "this request is targeted at private activities and appears calculated to discourage communication by one individual with a public safety office." They claim the request "is designed to intimidate or harass" and asserts that "it is essential Ms. Alexander feel safe enough, and free enough from future harassment and intimidation, to be able to call the Police Department for help." Although the September 9th request does not appear to be intended for the broad dissemination of information to the public about actual or alleged government activity, it is unclear how it is a "part of a series of contemporaneous requests" that are frivolous or designed to intimidate or harass the individual at issue as required by G. L. c. 66, § 10( c ). Therefore, I decline to grant the Department's petition. Conclusion The Department must provide a response to Mr. Alexander in accordance with G. L. c. 66, § 1O (b ). This response may identify any records, categories of records or portions of records that the Department intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based. See G. L. c. 66, § lO(b)(iv). Please note, this office may deny an appeal if, in the opinion of the Supervisor of Records, the request is designed or intended to harass, intimidate, or assist in the commission of a crime. See 950 C.M.R. 32.08(2)(b)(2).

Kelly Leahy SPRl 7/1278 Page 3 September 20, 2017 Sincerely, Rebecca S. Murray~ Supervisor of Records cc: Ronald Alexander Eric Reustle, Esq.