Maya Shaffer v. City of Chicopee Law Department (SPR 20201285)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 7, 2020 SPR20/1285 Christine M. Pikula, Esq. Assistant City Solicitor City of Chicopee Law Department 17 Springfield Street, 1st Floor Chicopee, MA 01013 Dear Attorney Pikula: I have received your petition on behalf of the City of Chicopee (City) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the City furnished a copy of this petition to the requestor. Id. In a letter dated July 27, 2020, Maya Shaffer requested two categories of records concerning the City and its Police Department. 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 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

Christine M. Pikula, Esq. SPR20/1285 Page 2 August 7, 2020 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 its petition dated July 31, 2020, the City seeks an extension of time to produce records. Specifically, the City seeks an extension of 15 business days. In its petition, the City states, “Officer Vezina requested the additional time to comply due to scheduled time off of Deputy Chief Lonny Dakin this upcoming month. In addition, Officer Vezina has scheduled time off and I have scheduled time off.” You state, “given the subject of the request Deputy Chief Dakin, Officer Vezina, and I will need to work together to provide a response to the request.” Conclusion In light of the City’s petition, I find the City has established a good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the City an extension of 15 business days to furnish copies of records responsive to Ms. Shaffer request. See G. L. c. 66, § 10(c). To the extent possible, the City must provide responsive records on a rolling basis. Please note, Ms. Shaffer has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, § 10(d)(iv)(4), 10A(c). Sincerely, Rebecca S. Murray Supervisor of Records cc: Maya Shaffer