Bri Morrison v. Lanesborough, Town of (SPR 20210448)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 25, 2021 SPR21/0448 Ruth A. Knysh Town Clerk Town of Lanesborough Newton Memorial Town Hall 83 North Main Street P.O. Box 1492 Lanesborough, MA 01237 Dear Attorney Freytag: I have received your petition on behalf of the Town of Lanesborough (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. On February 10, 2021, Bri Morrison requested 16 categories of records regarding communications between identified individuals and 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. 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

Ruth A. Knysh SPR21/0448 Page 2 February 25, 2021 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 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). Conclusion In an email sent to this office on February 25, 2021, the Town indicates it is rescinding its petition, because “... the requestor has withdrawn the public records request.” Accordingly, it is unnecessary to opine on the Town’s petition at this time. Sincerely, Rebecca S. Murray Supervisor of Records cc: Bri Morrison