Jacob Steinberg-Otter v. Department of Correction - Legal Division (SPR 20210645)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 23, 2021 SPR21/0645 Kate Silvia Director of Communications Department of Correction, Legal Division 50 Maple Street Milford, MA 01757 Dear Ms. Silvia I have received your petition on behalf of the Department of Correction (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c); see also 950 C.M.R. 36.06(4)(b). As required by law, the Department furnished a copy of this petition to the requestor. G. L. c. 66, § 10(d)(iv). In a request received by the Department on March 2, 2021, Jacob Steinberg-Otter requested various records relating to medical parole. Petitions for an extension of time Under the Public Records Law, a records access officer may petition the Supervisor of Records (Supervisor) for an extension of the time for the agency or municipality to furnish copies of the requested record, or any portion of the requested record, that the agency or municipality has within its possession, custody or control and intends to furnish within 20 business days after initial receipt of the request, or within 10 business days after receipt of a determination by the Supervisor that the requested record constitutes a public record. Upon a showing of good cause, the 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; 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

Kate Silvia SPR21/0645 Page 2 March 23, 2021 (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 March 16, 2021 petition, the Department seeks “... an extension of 20 business days from the date of the Supervisor’s ruling…” However, it is unclear why this request requires additional time beyond the statutory provisions. Conclusion Accordingly, I find that in light of the lack of explanation in the Department’s petition, the Department has not established good cause to warrant an extension of additional time to respond to this request. Consequently, I will consider this matter closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jacob Steinberg-Otter