Lexi Fuller v. Massachusetts Board of Registration in Medicine (SPR 20222194)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 30, 2022 SPR22/2194 Tara Douglas, Esq. Assistant General Counsel Board of Registration in Medicine 178 Albion Street, Suite 330 Wakefield, MA 01880 Dear Attorney Douglas: I have received your petition on behalf of the Board of Registration in Medicine (Board) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv). On August 11, 2022, Lexi Fuller requested “…all correspondence, emails, frivolous complaints and all communication documents regarding [an identified physician].” Previous Appeal and Petition This request was the subject of a previous appeal. See SPR22/1934 Determination of the Supervisor of Records (September 2, 2022) and SPR22/2144 Determination of the Supervisor of Records (September 26, 2022). In my September 26th determination, I was unable to opine on the Board’s petition, as a copy had not been furnished to the requestor. On September 26, 2022, the Board submitted the current petition seeking an extension of time to produce records. 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 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

Tara Douglas, Esq. SPR22/2194 Page 2 September 30, 2022 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). Conclusion The Department submitted the current petition on September 26, 2022, more than twenty business days after receipt of the request, and more than ten business days after September 2nd determination for SPR22/1934. In light of the fact that the Department has not demonstrated it submitted a timely petition, an extension of time cannot be granted. 950 C.M.R. 32.06(4)(d). To the extent possible, the Department must provide responsive records on a rolling basis. Sincerely, Manza Arthur Supervisor of Records cc: Lexi Fuller