Eileen W. Mooney v. Great Barrington, Town of - Housing Authority (SPR 20213161)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 9, 2021 SPR21/3161 Madonna Meagher Public Records Officer Great Barrington Housing Authority 2 Bernard Gibbons Drive Great Barrington, MA 01230 Dear Ms. Meagher: I have received your petition on behalf of the Town of Great Barrington Housing Authority (Authority) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Authority furnished a copy of this petition to the requestor. Id. On October 12, 2021 and November 2, 2021 Eileen Mooney requested various payroll records regarding the Authority. 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

Maddona Meagher SPR21/3161 Page 2 December 9, 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 December 3rd petition, the Authority states, “due to the overwhelming amount of public records …the requests are overlapping and I’ve had to ask for clarification from your office for determinations how one SPR differs from another SPR.” The Authority indicates that “…the GBHA is a part-time office M - Thurs. with only two staff members to do the administration work. I am an 18 hr a week employee.” I find that in light of the capacity of the Authority to produce the request without the extension, as well as efforts undertaken by the Authority in fulfilling the current request and previous requests, the Authority has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Authority an extension of 25 business days to furnish copies of records responsive to Ms. Mooney request. See G. L. c. 66, § 10(c). To the extent possible, the Authority must provide responsive records on a rolling basis. Conclusion Accordingly, I find the Authority has established good cause for a time extension of 25 business days as described above. Please note, Ms. Mooney 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: Eileen Mooney