Donna M. Brewer, Esq. v. Stockbridge, Town of - Planning Board (SPR 20210477)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 2, 2021 SPR21/0477 Donna M. Brewer, Esq. Miyares and Harrington LLP 40 Grove Street, Suite 190 Wellesley, MA 02482 Dear Attorney Brewer: I have received your petition on behalf of the Town of Stockbridge (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, Charles Kenny. Id. In a letter dated February 16, 2021, Dr. Kenny requested “[a]ll books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, slide presentations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of the Planning Board’s ad-hoc subcommittee, consisting of [three identified individuals] between November 1, 2020 and February 15, 2021.” 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 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

Donna Brewer, Esq. SPR21/0477 Page 2 March 2, 2021 (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 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 February 23, 2021, the Town seeks an extension of 30 business days to produce records. The Town states its “...capacity to search for and collect the requested records within ten business days is limited by the fact that the three members of the Planning Board from whom the records are sought are volunteer members of the Board and do not have regular hours or availability for Planning Board matters, while personal circumstances surrounding two of those members further inhibit their availability to gather records within ten days.” The Town notes, “...[an identified individual] is caring for a family member with a serious medical issue and cannot expend time on any other matter at this time. [The other individual] is traveling until Saturday, February 27, and likewise cannot gather the requested records until his return.” The Town contends that “[g]ranting an extension for these Board members to gather their records in light of their volunteer status and personal circumstances, as well as the ongoing difficulties caused by the pandemic, will not chill public transparency. The Town has not previously requested an extension of time to respond to this request. Therefore, the Town has good cause for, and respectfully requests, a 30-day extension to respond to Dr. Kenny’s public records 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 Dr. Kenny’s request. See G. L. c. 66, § 10(c). To the extent possible, the Town must provide responsive records on a rolling basis.

Donna Brewer, Esq. SPR21/0477 Page 3 March 2, 2021 Please note, Dr. Kenny 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: Charles Kenny Terri Iemolini