Abraham Payton v. Barnstable County Sheriff's Office (SPR 20210545)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 10, 2021 SPR21/0545 Donna Buckley, Esq. Barnstable County Sheriff's Office 6000 Sheriff's Place Bourne, MA 02532 Dear Attorney Buckley: I have received your petition on behalf of the Barnstable Sheriff’s Office (Office) seeking an extension of time. G. L. c. 66, § 10(c); see also 950 C.M.R. 36.06(4)(b). As required by law, the Office furnished a copy of this petition to the requestor. G. L. c. 66, § 10(d)(iv). In an email dated February 24, 2021, Abraham Payton seeks email communications between 29 officials / interest groups and the Office. 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 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 Buckley, Esq. SPR21/0545 Page 2 March 10, 2021 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). Extension of time to produce responsive records In its March 4, 2021 petition, the Office seeks an “extension of time to finish the research necessary determine if a fee estimate [is] need[ed].” While the Office “began to attend to the request” a time extension is requested until March 22, 2021 to submit a fee estimate. Given that the Supervisor is only permitted to grant an extension of time to furnish requested records, the Department requests relief outside the scope of statutory authority given to the Supervisor under the Public Records Law. See G. L. c. 66, § 10(c). Conclusion Accordingly, I will consider this petition closed. Any fee estimate by the Office must be in compliance with the Public Records Law and its Regulations. Mr. Payton may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Abraham Payton