Peter E. Parker v. Marshfield, Town of - Police Department (SPR 20191317)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray S11pe111isor of Records July 5, 2019 SPR19/1317 Lieutenant Arthur T. Shaw Marshfield Police Department 1639 Ocean Street Marshfield, MA 02050 Dear Lieutenant Shaw: I have received your petition on behalf of the Marshfield Police Depaiiment (Depatiment) seeking an extension of time to produce records. G. L. c. 66, § lO(c). As required by law, it is my understanding that the Department furnished a copy of this petition to the requestor. Id. In this matter, Attorney Peter E. Parker of the Law Office ofE . Peter Parker requested various categories of records concerning his clients and Offshore Marine, Inc. Petition 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 n01mal 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 ofrequests 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

Lt. Arthur T. Shaw SPR19/1317 Page 2 July 5, 2019 In its petition to this office dated June 27, 2019, the Department writes, "please accept this email as a request for a time extension petition. I would also like to request a 'modification of scope' regarding the very broad request being made." In a follow up email dated July 5, 2019, the Department states, "Marshfield Town Counsel has been in contact with the petitioner's attorney. The Department is unable to furnish responsive records until we receive a clear definition of what the petitioner is asking for. We are able to submit any involvement we have, within the department with the petitioner, for the dates requested immediately. The broad scope outlined in the request involves issues that the Department does not have information on. I believe the petitioner's attorney and Marshfield Town Counsel will be working out details of the request after July 8, 2019." Conclusion In light of the Department's July 5th letter, as well as its communication with this office, this office encourages the Department and Attorney Parker to communicate further to enable the Department to provide the requested public records. G. L. c. 66, § lO(a)(i) (the request must reasonably describe the public record sought). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii). Please note, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). If after hearing from Attorney Parker regarding a modification of the request the Depatiment still requires an extension of time to comply with the request or a waiver of the statutmy limits on fees, the Department may file a subsequent petition. See G. L. c. 66, § lO(c); 950 C.M.R. 32.06(4)(g). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Peter E. Parker, Esq.