Brett F. Clements v. Townsend, Town of - Town Clerk (SPR 20171361)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 29, 2017 SPR17/1361 Kathleen M. Spofford Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Ms. Spofford: I have received your petition on behalf of the Town of Townsend (Town) seeking an extension of time to furnish copies of the requested public 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 ofthe petition to the requester. G. L. c. 66, § 10 ( c). In a request received by the Town on August 28, 2017; Brett Clements, Esq. requested five categories of records from the Town Water Department for a time period of 1959 to 1964. 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 redacti<m 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 .

Kathleen Spofford SPR17/1361 Page 2 September 29, 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) sh.all 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 your petition dated September 26, 2017 you indicate the responsive records pertain to information that "dates back over 50 years." You explain that the "Water Department originally notified the company that it would take longer than the 10 days to complete the request. I have just heard from the Water Department that will it will take longer to complete than the 20 business days and we are now requesting an extension to complete this request due to the extensive request and the age ofthe records that' are requested." I understand the Town inquired with Attorney Clements about a mutual agreement regarding when the request will be fulfilled. In an email dated September 28, 2017 Attorney Clements indicated agreement to the time extension. Conclusion Accordingly, I find that in light of the requestor's agreement for additional time, I find it is unnecessary to opine on the Town's petition. See G. L. c. 66, § lO(b)(vi) ("the requestor may voluntarily agree to a response date beyond the timeframes set forth herein"). The Town is advised it must provide the records in a manner consistent with the Public Records Law and its Access Regulations. The requestor may appeal the substantive nature ofthe Town's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Brett F. Clements, Esq.