Nathaniel Stevens, Esq. v. Cape Cod Commission (SPR 20221411)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 23, 2022 SPR22/1411 Jessica Wielgus Records Access Officer Cape Cod Commission 3225 Main Street, P.O. Box 226 Barnstable, MA 02630 Dear Ms. Wielgus: On June 16, 2022, this Office received your petition on behalf of the Cape Cod Commission (Commission) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Commission furnished a copy of this petition to the requestor. Id. In a letter to the Commission dated June 14, 2022, Attorney Nathaniel Stevens of McGregor & Legere, P.C. states, “[t]he Public Records sought are: 1. Video recordings of the meetings of the subcommittee of the Cape Cod Commission discussing or considering the Project on the following dates (we plan to make a similar request for future meetings): a. March 22, 2022; b. April 12, 2022; c. May 17, 2022; and d. May 31, 2022. 2. Correspondence between LMC and Cape Cod Commission members or staff regarding the Project. 3. Correspondence between and among Cape Cod Commission members or staff regarding the Project.” 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 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

Jessica Wielgus SPR22/1411 Page 2 June 23, 2022 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 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 June 16th petition, the Commission requests “…an extension pursuant to 950 CMR 32.06 (2)(i) and (4), of five additional business days to July 7, 2022.” The Commission posits that “…the IT (Information Technology) staff designated to retrieve the electronic records requested has and continues to be on vacation this week and is returning Tuesday, June 21, 2022. Granting the five-day extension will allow [the Commission] to prepare and provide its response in a timely manner.” I find that in light of the capacity of the Commission to produce the request without the extension, the Commission has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Commission an extension of 5 business days to furnish copies of records responsive to Attorney Steven’s request. See G. L. c. 66, § 10(c). To the extent possible, the Commission must provide responsive records on a rolling basis.

Jessica Wielgus SPR22/1411 Page 3 June 23, 2022 Conclusion Accordingly, I find the Commission has established good cause for a time extension of five (5) business days as described above. Please note, Attorney Stevens 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: Nathaniel Stevens, Esq.