Hector E. Pineiro v. Springfield, City of - Office of the City Clerk (SPR 20190408)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 25, 2019 SPR19/0408 Andrea L. Stone Public Records Coordinator 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. G. L. c. 66, § lO(c). Specifically, on January 28, 2019, Attorney Bart Heemskerk requested 22 categories of records pertaining to "the development by Hunter Development Company an approximately 14,000 square foot office building for the proposed Registry of Motor Vehicles." 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 SPR19/0408 Page2 February 25, 2019 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). Conclusion In an email sent to this office on February 25, 2019, you indicate "the City of Springfield is withdrawing its petition to extend time, because the City responded to the Attorney Heemskerk's request on Thursday, 02/21/2019." Accordingly, I find in light of the February 25th email in which the City indicates they have responded to the request, it is unnecessary to opine on the City's petition. Sincerely, Rebecca S. Murray Supervisor of Records cc: Bart Heemskerk, Esq.