Gerard F. Russell v. Charlton, Town of - Town Administrator (SPR 20181175)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 14, 2018 SPRlS/1175 RobinL. Craver Charlton Town Administrator 37 Main Street Charlton, MA 01507 Dear Robin Craver: I have received your petition on behalf of the Town of Charlton (Town) seeking an extension of time to furnish copies of the requested public record, or any portion thereof. G. L. c.66, § lO(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, § 10(c ). In this matter, the requestor is seeking records relating to Valley Green Grow. Petitions/or 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). If the Supervisor determines that the request is part of a series of contemporaneous 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

Robin L. Craver SPR18/1175 Page 2 August 14, 2018 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). Previous Appeal This petition was the subject of a previous appeal. See SPR18/1097 Supervisor of Records Determination (August 7, 2018). I closed SPR 18/1097 with the understanding that Mr. Russell agreed to the $300.00 fee estimate and that the Town would send a confirmation letter to Mr. Russell regarding the $300.00 fee in a manner consistent with the order, the Public Records Law and its Regulations within 10 business days. Current petition In your August 7, 2018 petition to this office you state, " [ o ]nee Mr. Russell accepts the Selectman's offer to reduce the fee to $300.00, his request bellow will take time to, review for relevance, redact if required to do so by law and transfer to an electronic form." You further state, "I propose to fulfill the request on rolling bases and respectfully request an extension of 30 days to complete. This way he will not be waiting for materials and we will have time to review needed records." August fh Letter Subsequent to the intervention by a staff member of the Public Records Division, I learned that Mr. Russell did not accept the Town's offer to reduce the fee to $300.00. I was also informed that Mr. Russell was not present at the Board of Selectmen (Board) meeting on August 3, 2018 referenced in SPR18/1097 Supervisor of Records Determination(August 7, 2018). It was expressed to me that you emailed Mr. Russell after the meeting to confirm the acceptance of the revised fee estimate. In an email dated August 7, 2018 you state, "Dear Mr. Russell, please see the response to your request to waive fees for your Public Records Request to the Charlton Board of Selectman, Town Administrator, Planning Board dated June 7 and 24, 2018-revised June 28, 2018. The Board has reduced the cost to $300.00." In a response letter to the Town dated August 7, 2018, Mr. Russell writes, "[t]hanks for notice of decision. I have asked State Supervisor for a total waiver of fees." In a subsequent email to the Town dated August 8, 2018, Mr. Russell confirms that he is appealing the estimate, "[y]es, we are appealing the $300 documents charge on advice of counsel."

Robin L. Craver SPR18/1175 Page 3 August 14, 2018 Conclusion In light of Mr. Russell's August J1h and August 81 h letter, as well as the Town's communications with this office, I decline to opine for an extension of time as Mr. Russell has not agreed to the revised fee estimate. This office encourages the Town and Mr. Russell to communicate further to enable the Town to provide the requested public records. If umesolved issues remain, Mr. Russell may appeal the substantive nature of the Town's response within ninety (90) days. See C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Gerard Russell