Patricia Dahlgren v. Bedford, Town of - Town Clerk (SPR 20180371)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 29,20 18 SPR181371 Doreen Tremblay Town ClerWRAO Town of Bedford 10 Mudge Way Bedford, MA 01730 I have received your petition on behalf of the Town of Bedford (Town) seeking relief from its obligation to produce responsive records. G. L. c. 66, 5 10(c); see also 950 C.M.R. 32.06(4). On March 19,2018, Patricia Dahlgren submitted a request for two categories of records pertaining to the "Dog Park Task Force." 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. 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 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

Doreen Tremblay Page 2 March 29,20 18 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 Id. obligation to provide copies of the records sought. 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). Current petition The Town is "requesting relief from the attached public records request since this request represents the second request for the same information already provided to another resident of Bedford [. . .] regarding the Ad Hoc Dog Park Committee." Based on the information provided in the March 22ndp etition, I find that the Town has not met its burden to demonstrate the request, which relates the operations or activities of the a task force within the Town, are frivolous and not intended for the broad dissemination of information to the public about actual or alleged government activity, as required by G. L. c. 66, 9 10(c). Further, it is not evident the Town furnished a copy of this petition to the requestor as required by law. G. L. c. 66, 5 10(c). Conclusion The Town must provide a response to Ms. Dahlgren in accordance with G. L. c. 66, fj 10(b). This response may identify any records, categories of records or portions of records that the School 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, 5 1O (b)(iv). Sincerely, V Rebecca S. Murray Supervisor of Records cc: Patricia Dahlgren