Colman Herman v. Boston Water & Sewer Commission (SPR 20181615)

The Commonwealth of Massachusetts William Francis.Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 9, 2018 SPRlS/1615 Dolores Randolph Deputy Director of Communications Boston Water and Sewer Commission 980 Harrison Avenue Boston, MA 02119 Dear Ms. Randolph: I have received your petition on behalf of the Boston Water and Sewer Commission (BWSC or the Commission) seeking an extension of time to furnish copies of the requested public record, or any portion thereof. G. L. c. 66, § IO(c); see also 950 C.M.R. 32.06(4). As required by law, BWSC provided a copy of the petition to the requestor. G. L. c. 66, § lO(c). Specifically, Mr. Herman requested "copies of the complete files dealing with complaints filed against employees of the Boston Water and Sewer Commission for racial and gender discrimination. This is for the period January 1, 2010 to the present." (emphasis in original) This request was the subject of an appeal. See SPR18/1475 Determination of the Supervisor of Records (October 22, 2018). In my October 22nd determination I ordered BWSC to review the responsive records, redact where necessary, and provide Mr. Herman responsive records, or allow Mr. Herman an opportunity to inspect the records, in a manner consistent with the order, the Public Records Law, and its Regulations without delay. BWSC submitted this petition on November 1, 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; 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

Dolores Randolph SPR18/1615 Page 2 November 9, 2018 (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 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 responses from B WSC In an October 3, 2018 response you indicate "BWSC is in the process of compiling the documents in response to this request. Once the documents are compiled and available for copy, I will provide an estimate of the cost associated with filling this request." BWSC provided a supplemental response on October 22, 2018 indicating "[p] lease be advised that the documents that you have requested are in the process of being finalized for your review. Once they are available, I will contact you to set up a time for you to review as requested." It should be noted that Mr. Herman initially submitted his request on September 18, 2018. Petition for an extension of time In its November 1st petition you indicate "the Commission requests an extension of two weeks to provide a response to this request. Mr. Herman has requested information of a highly sensitive nature much of which would be withheld pursuant to the privacy exemption. In addition, the request is for information for a period of 10 years." You also assert that"[o Jver that period of time, the information requested has been maintained by several departments within the Commission; Labor Relations, Human Resources, and Organizational Diversity. The Commission has been collaborating within these departments to ensure that the responsive records are complete." You further note that "[w]hile the Commission is working diligently in effort to provide the responses to this request, it has become evident that a request for additional time to complete this response is needed." I find BWSC has not established good cause to permit an extension of time to produce records. See G. L. c. 66 § lO(c)(i)-(iv). Specifically, given the length of time it has taken to

Dolores Randolph SPR18/1615 Page 3 November 9, 2018 produce records as reflected in its previous responses, it is unclear why BWSC continues to need time to search for, collect, segregate or otherwise produce responsive records. See G. L. c. 66, § lO(c)(i)-(ii), (iv). Consequently, BWSC has not met the burden to support its request for "an extension of two weeks to provide a response to this request." Conclusion Accordingly, I decline to grant BWSC's petition for an extension of time to produce the responsive records. BWSC is advised it must provide a response to Mr. Herman in a manner consistent with this determination, the October 22nd determination referenced above, the Public Records Law and its Regulations without delay. To the extent possible, BWSC must provide responsive records on a rolling basis. G. L. c. 66, § lO(a). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Colman Herman