Angel L. Pagan v. Hampden County District Attorney's Office (SPR 20221689)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 28, 2022 SPR22/1689 Joseph A. Pieropan, Esq. Records Access Officer Hampden County District Attorney’s Office 50 State Street Springfield, MA 01102 Dear Attorney Pieropan: I have received your petition on behalf of the Hampden County District Attorney’s Office (Office) 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, Angel Pagan. Id. On December 20, 2021, Mr. Pagan requested twelve items of records relating to a homicide in Springfield, Massachusetts on October 20, 1994. Mr. Pagan requested: [1] …All and police reports relating to a Homicide in Springfield, Massachusetts on October 20, 1994 … [2] …All and [any] witnesses statements relating to this same homicide; [3]…All any internal notes or reports, memorandums, etc[.]; [4]…All and any letters or correspondence between the Springfield Police Department and the Department of State Police; [5]…All and letters or correspondence between the Springfield Police Department and the Department of State Police; [6]…All and any letters or correspondence between the Springfield Police Department and the Hampden County Distric[t] Attorney’s Office; [7]…All and any letters or correspondence between the Hampden County District Attorney’s Office and the Springfield Police Department; [8]…All and any letters or correspondence between the Springfield Police [or] State Police Department and the Federal Bureau of Investigation (FBI); [9]…All and any letters or correspondence between the (FBI) and the Springfield Police [or] State Police Department; [10]…Any and all [letters] or correspondence between the (FBI) (Springfield Division) and the Hampden County District Attorney’s office… [11]...Any and all letters or correspondence between the Hampden County District Attorney’s Office and the (FBI) (Springfield Division); 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

Joseph A. Pieropan, Esq. SPR22/1689 Page 2 July 28, 2022 [12]…All and any letters, correspondence, memorandums, notes, witnesses statements, Police reports generated by this case… 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 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 July 19, 2022, the Office states “[a]n additional 18 business days is required to file this Office’s supplemental response, no later than 8/19/2022.” The Office notes that it “is unable to complete its reply to Mr. Pagan’s most recent request, dated 6/21/2022, within 10 business days.” Conclusion The Office submitted their petition on July 19, 2022, more than twenty business days after receipt of the request. In light of the fact the Office has not demonstrated it submitted a

Joseph A. Pieropan, Esq. SPR22/1689 Page 3 July 28, 2022 timely petition, an extension of time cannot be granted. 950 C.M.R. 32.06(4)(d). Accordingly, the Office is ordered to provide Mr. Pagan with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Angel Pagan