Board of Assessors Rochester v. Mattapoisett, Town of - Town Clerk (SPR 20180502)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 23, 2018 SPRlS/502 Michael J. Gagne Town Administrator 16 Main Street P.O. Box 89 Mattapoisett, MA 02739 Dear Mr. Gagne: I have received your petition on behalf of the Town of Mattapoisett (Town) seeking an extension of time to furnish copies ofrequested records. G. L. c. 66 § lO(c). In a form the Town of Rochester Board of Assessors (Board) requested various documents concerning the Assessing Department. Petition 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, § lO(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

Michael J Gagne. SPR18/502 Page2 April, 23 2018 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 C.M.R. 36.06(4)(b). Also please note, as required by law the Town is required to furnish a copy of the petition to the requestor. G. L. c. 66 § lO(c). Current Petition In your initial petition dated April 13, 2018 you state that "[t]he Town of Mattapoisett wishes to request the 30 day extension period for the production of documents requested due to the scope and content of the request." It is my understanding that a staff member from the Public Records Division contacted you seeking clarification as to the date in which the Town received the request. Conclusion Based on the Town's petition, I find it has not met its burden to show good cause to grant an extension of time to produce the requested records. See G. L. c. 66 § 10(c ) (i)-(vi). The Town is advised that under the Public Records Law, a municipal records access officer must provide a written response to the requestor within ten business days ofreceipt of the request. G. L. c. 66 § lO(b). The requestor may voluntarily agree to a response date beyond these timeframes. See Id. The Town must provide a response in a manner consistent with the Public Records Law and its Access Regulations. The Board may appeal the substantive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Rochester Board of Assessors