Paul Costa v. Mansfield, Town of - Police Department (SPR 20181328)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 5, 2018 SPRlS/1328 Philip Seaward Mansfield Police Department 50 West Street Mansfield, MA 02048 Dear Mr. Seaward: I have received your petition on behalf of the Mansfield Police Department (Department) seeking an extension of time to furnish copies of the requested public record, or any portion thereof. G. L. c. 66, § 10(c ); see also 950 C.M.R. 32.06(4 ). In a request received by the Department on August 23, 2018, Paul Costa is seeking all materials related to a fatal bicycle accident involving a juvenile in 2015. 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. 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

Philip Seaward SPR18/1328 Page 2 September 5, 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). Current petition In a petition dated August 31, 2018, the Department "respectfully ask[s] the supervisor of public records for an extension." The Department explains the request is necessary "[d]ue to the scope of the material relevant to this request." Upon clarification by a Public Records Division staff member and the Department, I learned the Department intends to provide the responsive records within the twenty five business days ofreceipt of the request. G.L. c. 66, § 10 (b)(vi). Conclusion I find it unnecessary to opine on the Department's extension request because it intends to provide responsive records within twenty five business days ofreceipt of the request as allowed in G. L. c. 66, § 1 O(b )(vi). The records must be provided in a manner consistent with the Public Records Law and its Access Regulations. Mr. Costa may appeal the substantive nature of the City's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Paul Costa