Melissa Noe v. Monterey, Town of - Town Clerk (SPR 20212532)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 7, 2021 SPR21/2532 Ms. Terry Walker Town of Monterey Town Clerk 435 Main Road Monterey, MA 01245 Dear Ms. Walker: I have received your petition on behalf of the Town of Monterey Town Clerk (Town) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Town furnished a copy of this petition to the requestor, Ms. Melissa Noe. Id. 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). 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 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

Ms. Terry Walker SPR21/2532 Page 2 October 7, 2021 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 requester within ten business days after receipt of a request for public records. 950 CMR 36.06(4)(b). Current Petition The September 30, 2021 petition states that the Town requests “an extension of 25 days to fulfill the public records request.” In subsequent communications on the same day, the Town has confirmed that they are petitioning for “an extension of time” and “believe 25 days is an adequate time to fulfill the [p]ublic records [r]equest.” Conclusion In light of the Town's September 30th emails I find it is unnecessary to opine on the Town's extension request because it intends to provide responsive records within twenty five (25) business days of the receipt of the request as allowed in G. L. c. 66 § l0(b)(vi). The Town is advised it must seek another petition for extension if it cannot provide responsive records within twenty five (25) business days of the receipt of the request. G. L. c. 66 § l0(c). The records must be provided in a manner consistent with the Public Records Law and its Access Regulations. Ms. Noe may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(1). Please note, Ms. Noe 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: Ms. Melissa Noe