Open Commonwealth v. Executive Office of Technology Services and Security (SPR 20222573)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 18, 2022 SPR22/2573 Michelle Burwell Records Access Officer Executive Office of Technology Services and Security One Ashburton Place, Room 804 Boston, MA 02108 Dear Ms. Burwell: I have received your petition on behalf of the Executive Office of Technology Services and Security (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 Office furnished a copy of this petition to the requestor. Id. On October 28, 2022, OpenCommonwealth.org requested: [1] Any and all responsive records during the time period beginning October 1, 2021 through the date you respond, which include: [a] Any and all emails between [a named individual] and or the BSEA/DALA and any employee of EOTSS which is/are requesting a search and/or assistance and/or estimates of documents and/or production of documents regarding public records requests made upon the BSEA and/or DALA. [b] Any and all text messages between [a named individual] and or the BSEA/DALA and any employee of EOTSS which is/are requesting a search and/or assistance and/or estimates of documents and/or production of documents regarding public records requests made upon the BSEA and/or DALA. [c] Any and all written or typewritten documents between [a named individual] and or the BSEA/DALA and any employee of EOTSS which is/are requesting a search and/or assistance and/or estimates of documents and/or production of documents regarding public records requests made upon the BSEA and/or DALA. [d] Any and all voice mail messages or memos between [a named individual] and or the BSEA/DALA and any employee of EOTSS which is/are requesting a search and/or assistance and/or estimates of documents and/or production of documents regarding public records requests made upon the BSEA and/or DALA. 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 Burwell SPR22/2573 Page 2 November 18, 2022 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 November 14, 2022, the Office asserts: Responding to this request will require substantial efforts from EOTSS, including collecting and reviewing all correspondence between EOTSS and BSEA/DALA over ~13 months. EOTSS’ initial email search revealed more than 700 potentially responsive records that must be reviewed by EOTSS staff and also by staff at other Commonwealth entities that may wish to assert a relevant privilege over these communications (e.g., BSEA/DALA). EOTSS will not be able to complete this review and produce a comprehensive response before the statutory deadline of 14 November 2022, and therefore petitions for an extension of its response time as permitted by M.G.L. c. 66, s. 10(c).

Michelle Burwell SPR22/2573 Page 3 November 18, 2022 In an email correspondence on November 18, 2022, the Office clarifies that it is seeking an extension of 15 business days until December 12, 2022, to provide a response. I find that in light of the capacity of the Office to produce the request without the extension and the potential scope of redactions, the Office has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Office an extension of 15 business days to furnish copies of records responsive to OpenCommonwealth.org’s request. See G. L. c. 66, § 10(c). To the extent possible, the Office must provide responsive records on a rolling basis. Conclusion Accordingly, I find the Office has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Office an extension of 15 business days to furnish copies of records responsive to OpenCommonwealth.org’s request. See G. L. c. 66, § 10(c). Please note, OpenCommonwealth.org 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),10A(c). Sincerely, Manza Arthur Supervisor of Records cc: OpenCommonwealth.org