Ginny Sinkel Kremer v. Southborough Town Administrator (SPR 20201409)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 25, 2020 SPR20/1409 Aldo A. Cipriano, Esq. Victoria Building 277 Main Street Second Level, Atrium Suite Marlborough, MA 01752 Dear Attorney Cipriano: I have received your petition on behalf of the Town of Southborough (Town) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Town furnished a copy of this petition to the requestor. Id. In a letter dated August 5, 2020, Attorney Ginny Sinkel Kremer requested three categories of records concerning the “Southborough EDC” and its members. 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). 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

Aldo A. Cipriano, Esq. SPR20/1409 Page 2 August 25, 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 petition dated August 18, 2020, the Town seeks an extension of time to produce records. Specifically, the Town seeks an extension of 30 business days. The Town states, “[t]he Town of Southborough, already with limited staffing due to the COVID-19 pandemic, has been attempting to gather e-mails and documents from the Town’s servers together with minutes and agendas and thus far, has compiled approximately 2,000 e-mail communications together with over 30,000 potentially relative documents that need to be segregated and reviewed by the RAO collectively with this office.” The Town notes, “we will be furnishing most Board of Selectmen minutes and agendas from 2019 relative to discussions pertaining to Special Municipal Employees in our initial response to Attorney Kremer. However, counsel again, has not informed this office as to what year(s) she wishes to have the Town provide documentation from. Once we receive clarification in this regard, it is our intention to produce all applicable documents to Attorney Kremer. Further, we note the Records Access Officer will be out of office on a scheduled family vacation from August 24, 2020 to return August 31, 2020.” Conclusion In light of the Town’s petition, I find the Town has established a good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Town an extension of no more than 30 business days to furnish copies of records responsive to Attorney Kremer’s request. See G. L. c. 66, § 10(c). To the extent possible, the Town must provide responsive records on a rolling basis. Further, this office encourages Attorney Kremer and the Town to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (an agency or municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably). Any fee estimate by the Town must be in compliance with this determination, the Public Records Law, and its Access Regulations. Please note, Attorney Kremer has the right to seek judicial review of this decision by

Aldo A. Cipriano, Esq. SPR20/1409 Page 3 August 25, 2020 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: Ginny S. Kremer, Esq.