Tadeuiz Bukowski v. Monson, Town of - Town Clerk (SPR 20190950)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 20, 2019 SPR19/0950 Mary F. Watson Monson Town Clerk 110 Main St. Monson, MA 01057 Dear Ms. Watson: I have received your petition on behalf of the Town of Monson (Town) seeking an extension of time to furnish copies of a requested record, or any portion thereof. G. L. c. 66, § lO(c). As required by law, the Town furnished a copy of this petition to the requestor. Id. Specifically, on May 7, 2019, Tadeuiz Bukowski requested four categories ofrecords related to 46 Palmer Road. 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

Mary F. Watson SPR19/0950 Page 2 May 20, 2019 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 the Town's petition dated May 16, 2019 the Town states "[i]n an effort to comply with this request I am seeking an extension so that we may begin to research." The Town explains "[t]he secretary of the Planning and Conservation Commission just returned from vacation and we were able to discuss the attached request in which she advised goes back to 2004." I understand a member of the Public Records Division staff reached out to the Town and the Town clarified they were seeking a five business day extension. I find that in light of scope of the request, the need to search for responsive records, and the capacity of the Town in fulfilling the request, the Town has established good cause to permit an extension of time of five business days. G. L. c. 66 § IO(c)(i)-(iv). Conclusion For the reasons discussed above, the Town is granted an extension of five business days to produce responsive records. The records must be provided consistent with the Public Records Law and its Access Regulations. The requestor may appeal the substantive nature of the Board's response within ninety days. See 950 C.M.R. 32.08(1). Additionally, the requestor may seek judicial review of this decision by commencing a civil action in the superior court under G. L. c. 66, § lOA(c). Sincerely, Rebecca S. Murray Supervisor of Records cc: Tadeuiz Bukowski