Steven Van Dyke v. Bedford, Town of - Police Department (SPR 20221536)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 12, 2022 SPR22/1536 Detective Marc Saucier Bedford Police Department 2 Mudge Way Bedford, MA 01730-2136 Dear Detective Saucier: On June 29, 2022, this office received your petition on behalf of the Bedford Police Department (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. In a letter dated June 7, 2022, Attorney Steven Van Dyke of the Committee for Public Counsel Services requested five (5) categories of records concerning investigations, reported crimes, and “…responses to Bedford Edith Nourse Rogers Memorial Veterans’ Hospital in Bedford, MA in 1971.” 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

Det. Marc Saucier SPR22/1536 Page 2 July 12, 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 June 29th petition, the Department seeks a thirty (30) day extension. The Department posits that “[t]he magnitude or difficulty of the request unduly burdens the other responsibilities of the department. Since the requested records are not available in electronic format and the records are not susceptible to ordinary means of reproduction due to age and fragility, the Bedford Police Department will have to convert the approximately 3,500 pages to digital format. The Bedford Police Department also needs time to review and redact any information that may be exempt from the Massachusetts Public Records Law.” Conclusion I find in light of the need to collect and segregate the request, as well as the capacity of the Department to produce the request without an extension, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(ii). The Department is granted an extension of thirty (30) business days. To the extent possible, the Department must provide responsive records on a rolling basis. Any fee estimate by the Department must be in compliance with this determination, the Public Records Law, and its Access Regulations. Please note, Attorney Van Dyke 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: Steven Van Dyke, Esq.