Sean Sheridan v. Longmeadow, Town of - Town Clerk (SPR 20221164)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 20, 2022 SPR22/1164 Katherine T. Ingram Town Clerk Town of Longmeadow 20 Williams Street Longmeadow, MA 01106 Dear Ms. Ingram: I have received your petition on behalf of the Town of Longmeadow (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, Sean Sheridan. Id. In a letter dated May 11, 2022, Mr. Sheridan states, “[t]his is a public record request for any record, other than a map drawn or commissioned by the town that indicates the town has any authority or any right to deny me current possession of the attached parcels which I name Null1 through Null9.” 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

Katherine T. Ingram SPR22/1164 Page 2 May 20, 2022 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) must 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 May 18, 2022, the Town states the following: As the RAO for the Town of Longmeadow, I am submitting a request for additional time to comply with a PRR that the Town Manager for the Town of Longmeadow received on May 3, 2022. On May 11, 2022 she responded that the Town is not in possession of the referenced public records request and referred him to the Hampden County Registry of Deeds. On May 11, 2022, the Requestor responded with a “more narrow in scope public records request”… It is unclear how much additional time [the Town] will need for this request. The Assessor’s Office is working through information that is in close proximity to these parcels to try to piece this together. I find in light of the capacity of the Town to produce the request without an extension, as well as the efforts already undertaken by the Town to provide responsive records, the Town has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(ii). Conclusion Accordingly, I hereby grant the Town an extension of 30 business days to furnish copies of records responsive to Mr. Sheridan’s request. To the extent possible, the Town must provide responsive records on a rolling basis. Further, this office encourages Mr. Sheridan and the Town to continue to communicate to facilitate providing records more efficiently and affordably. Any fee estimate by the Town must be in compliance with this determination, the Public Records Law, and its Access Regulations. Please note, Mr. Sheridan 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).

Katherine T. Ingram SPR22/1164 Page 3 May 20, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Sean Sheridan