Cat Schnopp v. Dalton, Town of (SPR 20212385)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 21, 2021 SPR21/2385 Rebecca L. Whitaker Public Records Access Officer Town Hall 462 Main Street Dalton MA, 01226-1601 Dear Ms. Whitaker: On September 16, 2021, this office received your petition on behalf of the Town of Dalton (Town) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, the Town furnished a copy of their petition to the requestor, Catt Schnopp. Id. On August 31, 2021, Ms. Schnopp requested “…official town permit documents, signed and recorded with the town clerk (if created), including, all approved applications and required site plans pertaining to the property since 2019.” 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

Rebecca L. Whitaker SPR21/2385 Page 2 September 21, 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 The Town’s September 16th petition states, “…we are requesting 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 Generals Laws.” The Town further notes “[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 capacity or the normal business hours of operation of the department c. efforts undertaken by the department to fufill the request.” In a follow up email dated September 21, 2021, the Town expressed that “[t]he reason behind the extension request is in order to go through records that were just located. The office that holds all these records has been through several employee changes. The new employee in the office is in the process of organizing and keeps locating more documents and needs to go through them. Also, due to litigation in this matter, the records have also been sent to the Town Attorney for his review and we are awaiting his response…Wherefore, based upon the foregoing, we respectfully request that you grant us a single extension of up to ten (10) business days.” Conclusion In light of the above, I find 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 10 business days to furnish copies of records responsive to Ms. Schnopp’s request. See G. L. c. 66, § 10(c). To the extent possible, the Town must provide responsive records on a rolling basis. Please note, Ms. Schnopp 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).

Rebecca L. Whitaker SPR21/2385 Page 3 September 21, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Catt Schnopp