Colman Herman v. Department of Occupational Licensure (SPR 20213372)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 4, 2022 SPR21/3372 Attorney Clinton Dick Department of Occupational Licensure 1000 Washington Street, Suite 710 Boston, MA 02118-6100 Dear Attorney Dick: I have received your petition on behalf of the Department of Occupational Licensure (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. Id. On December 15, 2021, Mr. Herman requested “…any and all communications related to [a 22-page audit report].” 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

Clinton Dick, Esq. SPR21/3372 Page 2 January 4, 2022 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 petition dated December 29, 2021, the Department “…is seeking an extension of fifteen (15) business days.” The Department explains “[t]he request in question involves a search of emails from several individuals at the [Department]. Any identified responsive records will require a review and possible redaction of attorney-client communications, among other possible exemptions.” The Department further notes that “[t]he nature of this search and review means that the [Department] requires additional time to gather, review, segregate, and prepare potentially responsive records for production.” In light of the above, I find 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 15 business days to furnish copies of records responsive to Mr. Herman’s request. See G. L. c. 66, § 10(c). To the extent possible, the Department must provide responsive records on a rolling basis. Conclusion Accordingly, I find the Department has established good cause for a time extension of 15 business days as described above. Please note, Mr. Herman 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: Colman Herman