Gerard F. Mackin, Jr. v. Weymouth, Town of - Town Clerk (SPR 20221939)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 30, 2022 SPR22/1939 Kathleen A. Deree Town Clerk/Records Access Officer Town of Weymouth 75 Middle Street Weymouth, MA 02189 Dear Ms. Deree: I have received your petition on behalf of the Town of Weymouth (Town) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv). As required by law, the Town furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). On August 8, 2022, Gerard Mackin submitted six requests for records regarding the receipt and use of COVID relief funds from both federal and state governments. I note that in an email to this office and the Town on August 23, 2022, Mr. Mackin objected to this and another petition from the Town. Petitions 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. 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

Kathleen A. Deree SPR22/1939 Page 2 August 30, 2022 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). Request for Additional Time to Produce Responsive Records In its August 23, 2022 petition, the Town states the following: As the search of all documents potentially responsive to these requests is voluminous, the Town respectfully requests an extension to respond to and/or produce a fee estimate for these requests, of thirty (30) days, or through September 22, 2022.” Conclusion Based on the information provided in the Town’s petition, I find that the Town has not met its burden to establish good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)- (iv). Therefore, I am unable to grant additional time. To the extent possible, the Town must provide records on a rolling basis. Sincerely, Manza Arthur Supervisor of Records cc: Gerard Mackin