Erica A. Scott v. Fall River, City of - Office of the City Clerk (SPR 20181468)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca §. Murray Supervisor of Records

October 11, 2018 SPR18/1468

Alison M. Bouchard City Clerk

City of Fall River

One Government Center Fall River, MA 02722

Dear Ms. Bouchard:

I have received your petition on behalf of the City of Fall River (City) seeking an extension of time to furnish copies of the requested public record, or any portion thereof. G. L. ¢. 66, § 10(c); see also 950 C.M.R. 32.06(4). As required by law, the City provided a copy of the petition to the requestor. G. L. c. 66, § 10(c). The City received two requests: Erica Scott submitted a request to the City on September 24, 2018 and Collin Dias on September 25, 2018.

Ms. Scott requested a “list of all business, nonprofit, or other entities that purchased Fall River ‘Make It Here’ banners” and “[a]ny and all information including but not limited to the name and address of the entity that purchased a banner reading ‘Choose Life on the city light pole located on the median in front of the Flatiron Building on Plymouth Avenue.” Mr. Dias also made various requests related to the “Make it Here” banners.

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;

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

Alison M. Bouchard SPR18/1468 Page 2 October 11, 2018

(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, § 10(c).

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 October 4, 2018 the City “respectfully requests an extension to October 22, 2018.” The Town states, “Monica Sousa, the Mayor’s Special Assistant for Special Projects is currently on maternity leave without access to existing files.” The Town explains, “Ms. Sousa will return on October 22, 2018, and expects to complete these requests on that day.”

Conclusion

I find it unnecessary to opine on the City’s extension request because it intends to provide responsive records within twenty five business days of receipt of the request as allowed in G. L. c. 66, § 10 (b)(vi). The records must be provided in a manner consistent with the Public Records Law and its Access Regulations. Ms. Scott or Mr. Dias 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: Erica Scott Collin Dias