Mark Young v. Fall River, City of - Office of the City Clerk (SPR 20181004)

The Commonwealth of Massachusetts William Francis Calvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 12,2018 SPR1811004 Jessica A. Adler, Esq. Assistant Corporation Counsel Law Department One Government Center Fall River, MA 02722 Dear Attorney Adler: I have received your petition on behalf of the City of Fall River (City) seeking an extension of time to furnish copies of a requested record. G. L. c. 66, 5 10(c). On June 21,2018, Mark Young of Smart Procure requested several categories of purchasing records from 201 3 to the present. The City initially responded on July 5,2018 and provided a supplemental response on July 11,2018. 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. 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

Jessica A. Adler, Esq. Page 2 July 12,2018 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. 3 6.06(4)(b). Conclusion In an email sent to the City on July 12,2018 , Mr. Young indicates "[blased on the communication from the City of Fall River advising that the information requested is not available in an electronic format, please close our request and consider it withdrawn." Accordingly, I find that in light of Mr. Young's July 12"' email, it is unnecessary to opine on the City's petition at this time. Sincerely, Rebecca S. Murray V Supervisor of Records cc: Mark Young