Robert Cantell v. Department of Correction - Legal Division (SPR 20180575)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division' Rebecca S. Murray Supervisor of Records May 3, 2018 SPRlS/575 Joan T. Kennedy DOC Legal Counsel III MA DOC Legal Division 70 Franklin St., Suite #600 Boston, MA 02110-1327 Dear Joan Kennedy: I have received your petition on behalf of the Department of Correction (Department) seeking an extension of time to furnish copies of requestyd records. G. L. c. 66, § 10( c ). In a letter dated December 25, 2017 Robert Cantell requested a copy of various records concerning an identified employee at the Department's treatment Center from 2005 to 2012. 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

Joan Kennedy SPR18/575 Page 2 May 3, 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 requestor 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 26, 2018 you indicate the Department is seeking additional time to respond to this request. It is my understanding that you expressed to a staff member from the Public Records Division that you would like until May 9, 2018 to fulfill Mr. Cantell's request. Conclusion In light of the Department's April 26th petition, I find that I am unable to grant an extension of time to produce the requested records. Under the updated Public Records Law and Regulations, RA Os must request an extension from the Supervisor of Records within 20 business days of receipt of request or within 10 business days after receipt of a determination by the Supervisor of Records that the requested record constitutes a public record. See 950 C.M.R. 32.06(4)(e). Accordingly, the Department must provide Mr. Cantell with responsive records in a manner consistent with the Public Records Law and its Access Regulations without delay. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Cantell may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Robert Cantell