Todd Wallack v. Methuen, City of - Police Department (SPR 20211855)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 3, 2021 SPR21/1855 Kenneth Rossetti City of Methuen Police Department 90 Hampshire Street Methuen, MA 01844 Dear Mr. Rossetti: I have received your petition on behalf of the City of Methuen 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, Todd Wallack of WBUR. Id. In a letter dated July 12, 2021, Mr. Wallack requested “[d]ocuments showing the names of sworn officers within the Chelsea Police Department who were terminated for misconduct, agreed to resign or retire to resolve misconduct accusations, or resigned or retired with a pending internal affairs investigation since January 1, 2010” within the possession of the Department. 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. 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

Kenneth Rossetti SPR21/1855 Page 2 August 3, 2021 G. L. c. 66, § 10(c). Current Petition The July 27, 2021 petition states that the Department “respectfully seeks an additional thirty (30) business days in which to furnish responsive documents.” The Department explains, “the large number of IA files kept in paper format covering over 11 years, and the anticipated substantial expenditure of time to review those paper files, separate and copy responsive material, and redact personally identifying information and other material not subject to public disclosure (approximately 140 hours, an average of one hour per file), the [Department] respectfully submits that good cause under 950 CMR 32.06(4) supports [the Department’s] timely petition for an extension.” Conclusion I find that in light of the above, 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 30 business days to furnish copies of records responsive to Mr. Wallack’s request. See G. L. c. 66, § 10(c). The Department is to provide the records on a rolling basis, where possible. Please note, Mr. Wallack 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). Sincerely, Rebecca S. Murray Supervisor of Records cc: Todd Wallack