Stephen Voltz v. Gloucester, City of - Legal Department (SPR 20212696)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 20, 2021 SPR21/2696 Charles J. Payson, Esq. Gloucester Legal Department City Hall Nine Dale Avenue Gloucester, MA 01930 Dear Attorney Payson: On October 13, 2021, I received your petition on behalf of the City of Gloucester (City) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the City furnished a copy of this petition to the requestor, Stephen M. Voltz. Id. In this matter, Mr. Voltz requested various categories of records concerning the City. 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

Charles J. Payson, Esq. SPR21/2696 Page 2 October 20, 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 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 October 13th petition, the City requests “…an extension of thirty (30) business days from the Supervisor of Records in which to fulfill Mr. Voltz’ requests.” The City explains it is “…faced with a number of issues as it struggles to fulfill these public records requests: 1. The number and content of these requests filed in a short period of time make it difficult for the City to comply-the City must collect the documents, review each one of them carefully, segregate them and then redact/release those that can be released and provide an itemized list of those that cannot be released. 2. Mr. Voltz asks for copies of a video in his first request (number 3) that needs to be located, reviewed and a determination made as to whether any redactions need to be made, how they would be made and how the video would be transferred to Mr. Voltz. 3. The City retained outside counsel in the case involving [an identified individual] (second request) and the City as well as outside counsel have large files regarding this case. The City will need time to acquire the files retained by outside counsel, merge those with the files that the City has and then review all of the documents contained therein before releasing anything (Note: this case went through the discovery process which increased exponentially the amount of documents and records retained.) 4. Mr. Voltz asks for [specific] materials as well as ‘records of any misconduct committed or alleged to have been committed by [an identified individual]’ of the Gloucester Police Department (GPD). [The identified individual] has been employed by the City for years and this request has no time frame on it. It will require the production of documents by the GPD as well as documents from the Personnel Office and the Legal Department. Once those documents are collected, they must be carefully reviewed, segregated and redacted/released.” The City contends it “...is faced with a daunting task of fulfilling three large public records requests that were submitted in a rather short period of time in addition to the other duties and responsibilities that the Gloucester Legal Department and Police Department has on a daily basis. The City therefore requests an extension of thirty (30) business days to compile, review, segregate and redact/release those documents that comply with Mr. Voltz’ requests.”

Charles J. Payson, Esq. SPR21/2696 Page 3 October 20, 2021 Conclusion I find the City has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the City an extension of 30 business days to furnish copies of records responsive to Mr. Voltz’ request. See G. L. c. 66, § 10(c). To the extent possible, the City must provide responsive records on a rolling basis. Further, this office encourages Mr. Voltz and the City to continue to communicate to facilitate providing records more efficiently and affordably. Any fee estimate by the City must be in compliance with this determination, the Public Records Law, and its Access Regulations. Please note, Mr. Voltz 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: Stephen M. Voltz Kathleen M. Lane