Angus Davison v. Belmont, Town of - Town Administrator (SPR 20210871)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 8, 2021 SPR21/0871 Patrice Garvin Town Administrator Town of Belmont 455 Concord Avenue Belmont, MA 02478 Dear Ms. Garvin: I have received your petition on behalf of the Town of Belmont (Town) seeking relief from its obligation to produce responsive records or an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, the Town furnished a copy of this petition to the requestor, Angus Davison. Id. On March 26, 2021 and March 30, 2021, Mr. Davison submitted three requests seeking records related to the Town’s hiring of the Fire Chief. Petitions 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). 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

Patrice Garvin SPR21/0871 Page 2 April 8, 2021 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). Request for relief from obligation to produce responsive records In its April 5, 2021 petition, the Town requests to be relieved “of its obligation to respond to the enclosed public records requests because the requests are frivolous or designed to pressure or harass the Town…” The Town states that the requests “are merely the latest in a long and rapid series of requests over the course of the past two months, and its principal purpose is to pressure or harass the Town, rather than to facilitate the dissemination of information about Town government.” The Town further explains that “[t]he enclosed requests are the eleventh, twelfth and thirteenth Mr. Davison has sent just since February 11, 2021, requesting still more information and documents from the Town. The Town responded to Mr. Davison's prior requests on February 17, 24, March 8, 11, 12, 18, 23, 2 and 4, providing information and records.” The Town believes “[i]t is clear from Mr. Davison's repeated and rapid requests that Mr. Davison refuses to accept the Town's decision to hire Mr. DeStefano and intends to persist in making his requests in order to badger the Town into taking the action he desires.” In his April 8, 2021 response, Mr. Davison explains “my intention is not ‘to harass and pressure the Town into reversing its decision to hire Mr. Destefano, and instead promote an internal candidate to the position of Fire Chief’. Rather, my goal is to call attention to violations of Open Meeting Law and a lack of transparency during the hiring process and an overall disregard for the OML requirements and production of public records.” Based on the information above, I find that the Town has not demonstrated the requests are frivolous and not intended for the broad dissemination of information to the public about actual or alleged government activity, as required by G. L. c. 66, § 10(c). Please note, this office may deny an appeal if, in the opinion of the Supervisor of Records, the request is designed or intended to harass, intimidate, or assist in the commission of a crime. See 950 C.M.R. 32.08(2)(b)(2). Extension of time to produce responsive records The Town further states that “[i]n the alternative, the Town requests an extension to respond to the requests. The Human Resources Department for the Town has been understaffed since November 1, 2020, complicating its efforts to search for, collect, and review public records that may be responsive to the requests. Given the continued shortness of staff in the Human

Patrice Garvin SPR21/0871 Page 3 April 8, 2021 Resources Department, the Town requests the maximum extension of 30 business days, as allowed by 950 CMR 32.06(e).” I find that 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 20 business days to furnish copies of records responsive to Mr. Davison’s requests. See G. L. c. 66, § 10(c). Conclusion Please note the requestor 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, § 10A. Sincerely, Rebecca S. Murray Supervisor of Records cc: Angus Davison George A. Hall, Jr., Esq.