Hector E. Pineiro v. Worcester, City of - Law Department (SPR 20222535)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 16, 2022 SPR22/2535 Janice E. Thompson, Esq. Assistant City Solicitor City of Worcester Law Department 455 Main Street, Room 301 Worcester, MA 01608 Dear Attorney Thompson: I have received your petition on behalf of the City of Worcester (City) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the City furnished a copy of this petition to the requestor. Id. On October 8, 2022, Hector Pineiro, Esq. requested twenty-one categories of records including police records related to a named individual and records regarding Worcester Police Department canines. 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

Janice E. Thompson, Esq. SPR22/2535 Page 2 November 16, 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 petition dated November 8, 2022, the City seeks “an extension of 30 business days to produce records responsive to Attorney Pineiro’s request....” In an email to the City and this office, Attorney Pineiro states “I do not mind providing you additional time to respond….Once again, I do not object the extension[.]” Conclusion In light of the above, it is unnecessary to opine on the City’s petition for an extension of time to produce records. Sincerely, Manza Arthur Supervisor of Records cc: Hector Pineiro, Esq.