Jean Trounstine v. Massachusetts Parole Board (SPR 20201233)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 28, 2020 SPR20/1233 Charles J. Walsh, Esq. Legal Counsel Massachusetts Parole Board 12 Mercer Road Natick, MA 01760 Dear Attorney Walsh: I have received your petition on behalf of the Massachusetts Parole Board (Board) seeking an extension of time to furnish copies of a requested record. G. L. c. 66, § 10(c). On July 7, 2020, Jean Trounstine requested ten categories of records, including; the number of people who were on parole during specified dates; the number of people who violated parole and returned to prison on a technical violation; as well as a list of criminal charges that have caused parolees to return to prison. 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, § 10(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

Charles J. Walsh, Esq. SPR20/1233 Page 2 July 28, 2020 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). Conclusion In an email sent to this office on July 28, 2020, the Board indicates “[t]his request was responded to yesterday.” Accordingly, I find in light of the July 28th email in which the Board indicates they have responded to the request, it is unnecessary to opine on the Board’s petition. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jean Trounstine