David Moscaritolo v. Greenfield, City of - City Clerk (SPR 20181166)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 9,2018 SPRl811165; SPR 1811166 Greenfield Town Clerk Town of Greenfield 14 Court Square Greenfield, MA 0 13 0 1 Dear Ms. Scott: I have received your petitions on behalf of the Town of Greenfield (Town) seeking an extension of time to furnish copies of the requested public records, or any portion thereof. G. L. c. 66, 5 10(c); see also 950 C.M.R. 32.06(4). As required by law, the Town provided a copy of the petition to the requestor. G. L. c. 66, 5 10(c). In a request received by the Office on August 6 201 8, David Moscaritolo submitted two separate requests for GECT accounting information mentioned at a Town Council meeting, including "the official accounting spread sheet" and information related to "the full extent of the $5,000.00 that was loaned for the GCET." 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 30business days. In determining whether th& has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: ,. .\ the scope of redaction required to prevent unlawful disclome; (11) (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) wheiher 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

Kathryn J. Scott Page 2 August 9,20 18 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 a. obligation to provide copies of the records sought. request for public records. 950 C.M.R. 3 6.06(4)(b). Current petition In a petition dated August 6,2018 , the Town is seeking "an extension for two separate Public Record requests received by the Town of Greenfield." It is my understanding a staff member of the Public Records Division called the Town and the Town clarified they needed until August 22,2018 to complete the request , which is two additional business days. In support of the extension the Town states "[rlequest numbers 18-199 and 18-198 require additional time to complete due to the fact that the Town of Greenfield does not currently have a Town Accountant who was also serving at the towns Finance Director." Upon further clarification from the Town for the basis of an extension, they indicated that as well as limited resources to complete the request, there is information that must be redacted from the requested records that has privacy implications. I find that in light of the capacity of the Town to complete the request, as well as the redaction required of the responsive records for privacy concerns, the Town has established good cause to permit an extension of time for both July 231d reqyggts:-~ -- -- Conclusion in a manner t h e substan tive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1). Mr. Moscaritolo may seek judicial review of this decision by commencing a civil action in the superior court under G. L. c. 66 § 1O A(c).

Kathryn J. Scott Page 3 August 9,20 18 Sincerely, V Rebecca S. Murray cc: David Moscaritolo