Mitchell Kosht v. Wilmington, Town of - Police Department (SPR 20211730)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 20, 2021 SPR21/1730 Susan M. O'Neil Senior Clerk Wilmington Police Department 1 Adelaide Street Wilmington, MA 01887 Dear Ms. O’Neil: I have received your petition on behalf of the Wilmington Police Department (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 Mitchell Kosht. Id. In a letter dated June 25, 2021, Attorney Kosht requested various categories of records concerning the Department, including Internal Affairs Investigation Records. 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). 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

Susan O’ Neil SPR21/1730 Page 2 July 20, 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). Current Petition In its July 12th petition, the Department seeks “...an extension of time to furnish copies of the requested records in excess of the time permitted in Section 10(b) of Chapter 66 of the General Laws.” The Department notes, “[t]he Wilmington Police Department cannot complete the request within (25) twenty-five business days following our initial receipt because the request unduly burdens the other responsibilities of our department due to the magnitude of the request, ten years of Internal Affairs Investigation Records.” The Department states, “[t]here is good cause to grant this single extension based upon the following factors: a. the need to search for, collect, segregate or examine records; b. the scope of redaction required; c. the capacity or the normal business hours of operation of the department; d. efforts undertaken by the department to fulfill request. Wherefore, based upon the foregoing, we respectfully request that you grant us a single extension of up to sixteen business days, August 13, 2021, to comply with the request.” Conclusion I find that in light of the capacity of the Department to produce the request without the extension, and the efforts undertaken by the Department in fulfilling the request, 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 16 business days to furnish copies of records responsive to Attorney Kosht’s request. See G. L. c. 66, § 10(c). Please note, Attorney Kosht 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).

Susan O’ Neil SPR21/1730 Page 3 July 20, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mitchell Kosht, Esq.