Colman Herman v. Office of the District Attorney - Northwestern District (SPR 20171394)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 5, 2017 Cynthia M. Von Flatern, Esq. Records Acess Officer Nmihwestern District Attorney's Office One Gleason Plaza Northampton, MA 01060 Dear Attorney Von Flatern: I have received your petition on behalf of the Northwestern District Attorney's Office (NWDAO) 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 NWDAO provided a copy of the petition to the requester. G. L. c. 66, § 10 ( c). In a request received by the NWDAO on September 25, 2017, Colman Herman requested "records of all the expenses District Attorney David Sullivan incurred in his capacity as district attorney of the N mihwestern District for the period of September 1, 2016 to August 31, 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, § 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

Cynthia M. Von Flatern, Esq. SPR17/1394 Page 2 October 5, 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 your petition dated October 2, 2017 you indicate "NWDAO is requesting an extension of 20 additional business days to respond to this request." You explain that "the extension is necessary due to the time-off schedule ofNWDAO's Chief Fiscal Officer who is the only person who can oversee and coordinate the response to this request." Further, NWDAO explains the request requires them "to compile numerous records going back one year and is very time consuming." In an email dated October 2, 2017 Mr. Herman indicated he would agree to the 20 business day extension "with the understanding that the responsive records will be produced by October 27, 2017, and there will be no further extensions requested." It is my understanding a Public Records Division staff member contacted NWDAO and they agreed to this condition for the 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 NWDAO's petition. See G. L. c. 66, § 10(b)(vi) ("the requestor may voluntarily agree to a response date beyond the timeframes set forth herein"). The NWDAO 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 of the NWDAO's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ··~ Rebecca S. Murray Supervisor of Records cc: Colman Herman