Peter Culhane v. Milton, Town of - Town Clerk (SPR 20210152)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 29, 2021 SPR21/0152 Kevin S. Freytag, Esq. Murphy, Hesse, Toomey, Lehane LLP 300 Crown Colony Drive, Suite 410 Quincy, MA 02169 Dear Attorney Freytag: I have received your petition on behalf of the Town of Milton (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, Peter Culhane. Id. In a letter dated January 7, 2021, Mr. Culhane requested four categories of records concerning the Town. 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 requests that are frivolous or designed to intimidate or harass, and the requests are not intended 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

Kevin S. Freytag, Esq. SPR21/0152 Page 2 January 29, 2021 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) must 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 January 22, 2021, the Town seeks an extension of 30 business days to respond to Mr. Culhane’s request. The Town “makes this request so that the Office of Town Counsel will be able to continue to fulfill its obligations to provide day-to-day legal services to the Town and, at the same time, respond to Mr. Culhane’s request, along with several other public record requests that have been made by Mr. Culhane.” The Town explains, “[a]n initial search of Milton’s records revealed seventeen (17) public record request that are responsive to Mr. Culhane’s request. Some of the records contain information regarding a specific individual that may be exempt from production pursuant to G. L. c. 4, § 7(26)(c). Specifically, fourteen (14) of the previous requests were made by a former town appointee. Some of the records produced in response to those requests contain personnel information or other information which implicates the personal privacy interests of the former town appointee.” The Town also notes that “some of the records requested may be protected by the attorney-client privilege.” Specifically, “during the former town appointee’s tenure with the Town, the former town appointee was included in communications with Town Counsel that are protected by the attorney-client privilege.” The Town posits that “[b]ased on the number of requests involved, the possible exemptions set forth above, and the need for the records to be reviewed by the Office of Town Counsel, the Town requests pursuant to G. L. c. 66, § 10(b)(vi), thirty (30) additional business days to respond to Mr. Culhane's request.” Conclusion I find the Town has established 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 30 business days to furnish copies of records responsive to Mr. Culhane’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 Mr. Culhane and the Town continue to communicate to facilitate providing records 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, Mr. Culhane has the right to seek judicial

Kevin S. Freytag, Esq. SPR21/0152 Page 3 January 29, 2021 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, - ' ~· .I ,·.- · ~ Rebecca S. Murray Supervisor of Records cc: Peter Culhane Susan M. Galvin Michael D. Dennehy