Kenneth Lucas v. Oxford, Town of - Town Clerk (SPR 20222291)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 12, 2022 SPR22/2291 Michelle A. Jenkins Town Clerk Town of Oxford 325 Main Street Oxford, MA 01540 Dear Ms. Jenkins: On October 7, 2022, this Office received your petition on behalf of the Town of Oxford (Town) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Town furnished a copy of this petition to the requestor. Id. On September 22, 2022, Kenneth Lucas requested that the Town “produce the records of any cost to Oxford, whether anticipated or accrual, resulting from BVO operations within the borders of Oxford.” 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

Michelle A. Jenkins SPR22/2291 Page 2 October 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 October 7th petition, the Town explains: The Town of Oxford is respectfully seeking an extension of 30 business days pertaining to a Public Records request received in my office on September 22, 2022…. Over the last several weeks, the Office of the Town Clerk has been preparing for a Special Town Meeting, and the upcoming State Election. Additionally, the Town Clerk’s Office is experiencing a reduction in staff and is processing multiple public records requests. Under these extreme circumstances, I am respectfully requesting the Supervisor of Records to grant this extension. I find that in light of the capacity to produce the request without the extension, as well as efforts undertaken by the Town in fulfilling the current request and other requests, the Town has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Town an extension of 30 business days to furnish copies of records responsive to Mr. Lucas’s request. See G. L. c. 66, § 10(c). Conclusion Accordingly, it is my determination that given the nature of the requested records and the explanation in its petition, the Town is permitted an extension of 30 business days to furnish copies of records responsive to Mr. Lucas’s request. Please note the requestor 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), l0A(c).

Michelle A. Jenkins SPR22/2291 Page 3 October 12, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Kenneth Lucas