Peter Vickery, Esq. v. Department of Housing & Community Development (SPR 20210503)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 5, 2021 SPR21/0503 Adrian Walleigh, Esq. Counsel, Public Records Officer Department of Housing and Community Development 100 Cambridge St, Suite 300 Boston, MA 02114 Dear Attorney Walleigh : I have received your petition on behalf of the Department of Housing and Community Development (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Department furnished a copy of this petition to the requestor, Attorney Peter Vickery of Bobrowski & Vickery, LLC. Id. In a letter dated February 3, 2021, Attorney Vickery requested “any and all public records including correspondence (including email and text messages), factual studies, reports, memoranda, and notes relating to: 1. The number of applications for Residential Aid to Families in Transition (RAFT) received since April 1, 2020, including the date of each application’s receipt; 2. The number of RAFT applications processed, including the date of receipt and the date of the decision to approve or dent; 3. The number of RAFT applications approved; and 4. The number of RAFT applications rejected.” 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; 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

Adrian Walleigh, Esq. SPR21/0503 Page 2 March 5, 2021 (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 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 26, 2021, the Department “...requests an extension of 20 business days from the date of the Supervisor’s ruling on this petition to fulfill the request.” The Department states “[t]he proposed extension is warranted because the request would unduly burden the other responsibilities of this office such that we are unable to complete our productions by the statutory deadline set forth in G.L. c. 66, § 10(a). As a result of the pandemic, DHCD is facing unprecedented challenges in transforming the RAFT program from a relatively modest, decentralized rental assistance program into a much larger disaster relief program.” Further, “[t]his work is vital to ensuring that vulnerable families remain stably housed throughout the COVID-19 public health emergency. The request requires a significant amount of time and attention from the same key staff who are working day and night through the ongoing pandemic to reinvent and actively manage our rental assistance programs, including the program which the requestor is seeking records.” The Department notes that “[d]iverting key program staff to search for and review responsive documents within the current time frame set forth in G. L. c. 66, § 10(a) will delay this important work. In order for that work to continue without interruption or delay, we are requesting the response time allowed be extended a further 20 business days from the date of the Supervisor’s ruling on this petition.” Conclusion I find the Department has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Department an extension of 20 business days to

Adrian Walleigh, Esq. SPR21/0503 Page 3 March 5, 2021 furnish copies of records responsive to Attorney Vickery’s request. See G. L. c. 66, § 10(c). To the extent possible, the Department must provide responsive records on a rolling basis. Please note, Attorney Vickery 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: Peter Vickery, Esq. Roberta L. Rubin, Esq