Brook Hopkins v. Oxford, Town of - Police Department (SPR 20180066)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

January 23, 2018 SPR18/066 Anthony P. Saad Town of Oxford Police Department 503 Main Street Oxford, MA 01540

Dear Mr. Saad:

I have received your petition on behalf of the Oxford Police Department (Department) seeking an extension of time to furnish copies of a requested record. G. L. c. 66, § 10(c). On December 13, 2017, Brook Hopkins from Harvard Law School requested “arrest records for all individuals made between December 1, 2013 and December 31, 2016” inclusive of various information related to the arrest and arrestee.

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

Anthony P. Saad SPR18/066 Page 2 January 23, 2018

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.C.M.R. 36.06(4)(b).

Conclusion

In an email sent to this office on December 27, 2017 by Benji Lu, also of Harvard Law ~ School, the requestor indicates “[w]e do intend to put a hold on our requests to other police departments.” Accordingly, I find in light of the December 27" email in which the requestor indicates an intention to put a hold on the request for records, it is unnecessary to opine on the Town’s petition at this time.

Sincerely,

dol ween Nuwar, ;

Rebecca S. Murray Supervisor of Records cc: Brook Hopkins