David Nathanson v. Massachusetts Parole Board (SPR 20201878)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 8, 2020 SPR20/1878 Charles Walsh Massachusetts Parole Board 12 Mercer Road Natick, MA 01760 Dear Charles Walsh: I have received your petition on behalf of the Massachusetts Parole Board (Board) requesting an extension of time to produce records and permission to charge for time spent segregating or redacting responsive records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv). As required by law, the Board furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). In a letter dated August, 17, 2020, Attorney David Nathanson of Wood & Nathanson, LLP requested “the parole file for [an identified and deceased inmate].” 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 Walsh SPR20/1878 Page 2 October 8, 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 to this office dated October 1, 2020, the Board states “the Massachusetts Parole Board is requesting more time to determine the status of [the identified invidual’s parole file]. While [the identified individual] was on parole for life, it appears that in 1988 a court order terminated the Parole Board’s jurisdiction over [the identified indivual]. See Kent v. Commonwealth, 437 Mass. 312, 313-314 (2002) .” The Board further notes “[p]ursuant to the Massachusetts Statewide Record Schedule J07-12 Inmate Parole Records, the Parole Board would not be required to retain [the identified idncudal’s] records for more than 25 years after his release from parole. It would seem that [the identified idividual] was released from Parole 32 years ago by a court order. The Parole Board is requesting additional time to determine if there is any record of these files being destroyed pursuant to J07-12 of the Massachusetts Statewide Record Schedule.” Conclusion I find the Board has established cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Board an extension of 5 business days to furnish a response to Attorney Nathanson request. See G. L. c. 66, § 10(c). Please note, Attorney Nathanson 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: David Nathanson, Esq.