Thomas Fuller v. Leicester, Town of - Police Department (SPR 20200225)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 12, 2020 SPR20/0225 Chief Kenneth M Antanavica Leicester Police Department 90 S. Main St. Leicester, MA O1 524 Dear Chief Antanavica: I have received your petition on behalf of the Leicester Police Department (Department) seeking relief from its obligation to produce responsive records, 0. L. c. 66, § lO(c). As required by law, the Department furnished a copy of this petition to the requestor. 0. L. c. 66, § lO(c). On January 24, 2020, Thomas Fuller requested "the last 3 months of all call logs or complaints" at a particular address. Petitions for an extension oft ime 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, § IO(c). If the Supervisor determines that the request is part of a series of contemporaneous 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

Chief Kenneth M Antanavica SPR20/0225 Page 2 February 12, 2020 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 its February 6th petition, the Department is "seeking relief from our obligation to produce responsive records to this request." The Department states "[i]t is our position that Mr. Fuller's request is designed or intended to harass or intimidate the residents [o f a certain address], and that providing Mr. Fuller with the requested records, if any exist, would be a violation of law, and an outstanding Harassment Prevention Order." In support of its request for relief, the Department provides it is their belief "(a) Mr. Fuller's request is targeted at the foster parents of the children and intended or designed to harass or intimidate them; (b) a response to Mr. Fuller's request would violate the law; and (c) a response to Mr. Fuller's request would violate the Harassment Prevention Order currently in effect." The Department explains "[o]n 1/20/20, the LPD received a call from the foster parents reporting that Mr. Fuller has been harassing them by driving by the house slowly and that they have been receiving fake calls. They have both received hang up calls and have seen Mr. Fuller in the area. They reported they are fearful that Mr. Fuller will try something, and either hurt them or snatch the children." Further, the Department explains "[o]n 2/4/20, the East Brookfield District Court issued a Harassment Prevention Order against Mr. Fuller which is effect for one year and prohibits any contact, requires that Mr. Fuller stay 100 yards away, and have no contact via social media, third-party contact, or electronic devices." Although the January 24th request does not appear to be intended for the broad dissemination of information to the public about actual or alleged government activity, it is unclear how it is a "part of a series of contemporaneous requests" that are frivolous or designed to intimidate or harass the individual at issue as required by G. L. c. 66, § lO(c). Therefore, I decline to grant the Department's petition at this time. Conclusion The Depaiiment must provide a response to Mr. Fuller in accordance with G. L. c. 66, § lO(b). This response may identify any records, categories of records or portions of records that the Department intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based. See G. L.

Chief Kenneth M Antanavica SPR20/0225 Page 3 February 12, 2020 c. 66, § lO(b)(iv). Please note, this office may deny an appeal if, in the opinion of the Supervisor of Records, the request is designed or intended to harass, intimidate, or assist in the commission of a crime. See 950 C.M.R. 32.08(2)(b) (2). Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Thomas Fuller