Todd Wallack v. Office of the District Attorney - Worcester District (SPR 20171309)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 25, 2017 SPR17/1309 Lindsay Corcoran Public Records Officer Office of the District Attorney - Worcester County 225 Main St., G301 Worcester, MA 01608 Dear Ms. Corcoran: I have received your petition on behalf of the Office of the District Attorney-Worcester District (DAO) seeking an extension of time to furnish copies of a 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 DAO furnished a copy of this petition to the requestor. Specifically, Mr. Wallack requested "any and all records" pertaining to an identified person. Mr. Wallack provided categories of records that should be included with the requested records. This request was the subject of an appeal by Mr. Wallack. See SPR17/ 1123 Determination of the Supervisor of Records (September 1, 20 17). In the September 1st determination, I ordered the DAO to provide Mr. Wallack with a response to the request, which includes a custodial index, provided in a manner consistent with the order, the Public Records Law and its Regulations within ten business days. 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; 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

Lindsay Corcoran SPR17/1309 Page 2 September 25, 2017 (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 ofthe 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 the DAO's September 18, 2017 petition, you explain the DAO is seeking an extension to respond to the September 1st determination mentioned above. You explain the DAO received the determination on September 5, 2017 and that the DAO is "replying to both this response and a similar order from the Attorney General's office regarding a separate appeal and need additional time to work on a reply." In an email dated September 22, 2017, you indicate the DAO is seeking an extension until October 9, 2017 to provide a response to the order. I find that in light of my previous determination, the actions required of the DAO therein, and the efforts undertaken to respond to previous requests, the DAO has established good cause to permit an extension of time. I hereby grant the DAO an extension of twenty business days from the date of September 5, 2017 to provide a response to Mr. Wallack. See G. L. c. 66, § 10(c) (the Supervisor of Records may grant a single extension to an agency not to exceed 20 business days). Please note this deadline is prior to the requested extension date of October 9. Conclusion For the abovementioned reasons, the DAO is granted an extension of time to provide a response to Mr. Wallack in the manner described above. The response must be provided in a manner consistent with the Public Records Law, its Access Regulations and my previous determination. See 17/1123. Mr. Wallack may appeal the substantive nature of the DAO's response within ninety days. See 950 C.M.R. 32.08(1). Please note that the requester has the right to seek judicial review of an unfavorable decision by commencing a civil action in the superior court. G. L. c. 66, § 10 ( c).

Lindsay Corcoran SPR17/1309 Page 3 September 25, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Todd Wallack