Hector E. Pineiro v. Springfield, City of - Office of the City Clerk (SPR 20190053)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 14, 2019 SPR19/0053 Andrea L. Stone Public Records Coordinator City Clerk's Office City of Springfield 36 Court Street, Room 123 Springfield, MA O1 103 Dear Ms. Stone: I have received your petition on behalf of the City of Springfield (City) seeking an extension of time to furnish copies of a requested 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 City furnished a copy of this petition to the requestor. Specifically, Attorney Hector Pineiro requested 22 categories of records related to an incident that involved "the execution of approximately 19 search warrants that resulted in the arrest of multiple individuals on a variety of drug charges." 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. 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

Andrea L. Stone SPR19/0053 January 14, 2019 G. L. c. 66 § lO(c). The filing of a petition does not affect the requirement that a Records Access Officer (RAO) shall provide an initial response to a requester within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4 )(b ). Current petition In your petition dated January 8, 2019 you explain the City requests an "extension of time until February 11, 2019 to search for and furnish copies of any documents that may be responsive to Hector E. Pineiro's public records request." In an email sent to this office on January 14, 2019, the City provided "Attorney Hector E. Pineiro's acceptance of the City's 01/08/2018 request for an extension of time." Attorney Pinerio indicated in an email to the City on January 8, 2019, that he had "no problem to the extension." Conclusion In light of the requestor's agreement, I will not opine on the City's petition for an extension of time to furnish responsive records. See G. L. c. 66, § lO(b)(vi) ("the requestor may voluntarily agree to a response date beyond the timeframes set forth herein"). The City is advised it must provide the records without delay in a manner consistent with the Public Records Law and its Access Regulations. The requestor may appeal the substantive nature of the City's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ~ . Rebecca S. Murray Supervisor of Records cc: Hector Pineiro, Esq.