Kaitlin Kelly O'Neill v. Winchendon, Town of - Town Clerk (SPR 20211026)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 27, 2021 SPR21/1026 Stephen L. Delaney Town of Winchendon 109 Front Street Winchendon, MA 01475 Dear Mr. Delaney, I have received your petition on behalf of the Town of Winchendon (Town) requesting an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv). As required by law, the Town furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). In four separate requests dated April 2, 6, 12, and 15, 2021, the Mellen Road Action Committee requested respectively: [1] … all electronic and written communication between the Winchendon Town Manager and Town’s counsel regarding Central Street from January 2020 to present; [2] … the full title review by an expert title examiner necessary to prove title to Mellen Road as Town’s Counsel advised is necessary to substantiate the position taken in the Town Manager’s letter dated March 31, 2021 to the abutters of Mellen Road; [3] … all written and electronic communications between the Winchendon Town Manager (and Interim Town Manger including Town Manager’s and Interim Town Manager’s staff) and Town’s counsel from June 2020 to the present date that includes any and all mention of or discussion regarding easements pertaining to Mellen Road…and any and all mention of or discussion regarding easements on any properties abutting Mellen Road; and [4] … a document showing that the state office in charge of the Chapter 90 funding is the sole determining body of the legal status of all roads in Winchendon as alleged by the Winchendon DPW director… 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 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

Stephen L. Delaney SPR21/1026 Page 2 April 27, 2021 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 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 April 21, 2021 petition, the Town requests an extension of time beyond the statutory ten day response time. The Town indicates “[t]he requestor of the records has filed over 26 records requests since July 2020. We have fulfilled our obligation as the time has progressed, but the requests that are outstanding are dramatically impacting our daily operations as we prepare for the Annual Town Meeting and as the Town Clerk manages the preparation for the Annual Town Election.” The Town further indicates “[g]iven the impact on current operations we would ask that a 30 day extension be granted for each request.” April 2nd and April 12th requests I find that in light of the need to search for and collect the records, as well as the capacity of the Town to produce the request without the extension, the Town has established good cause to permit an extension of time. I hereby grant the Town an extension of 30 business days to furnish copies of records responsive to the April 2nd and April 12th requests. To the extent possible, the Town must provide responsive records on a rolling basis.

Stephen L. Delaney SPR21/1026 Page 3 April 27, 2021 April 6th and April 15th requests I find that in light of efforts undertaken by the Town in fulfilling the current requests and previous requests, the Town has established good cause to permit an extension of time. I hereby grant the Town an extension of five (5) business days to furnish copies of records responsive to the April 6th and April 15th requests. Conclusion Accordingly, I find the Town has established good cause for a time extension for the requested records as described above. The Town is advised it must provide the records in a manner consistent with the Public Records Law and its Regulations. Please note, the Mellen Street Action Committee may seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, §§ 10(c), 10A(c). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mellen Street Action Committee