Joel Quick v. Nantucket Islands Land Bank (SPR 20222749)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 7, 2022 SPR22/2749 Jesse A. Bell Executive Director Nantucket Islands Land Bank 22 Broad Street Nantucket, MA 02554 Dear Director Bell: I have received a petition filed by Michele A. Hunton, Esq., of Rubin and Rudman LLP, on behalf of the Nantucket Islands Land Bank (Land Bank) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Land Bank furnished a copy of this petition to the requestor. Id. On November 8, 2022, Attorney Joel Quick, of Pierce Atwood LLP, requested records “related to [an identified property.]” 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

Jesse A. Bell SPR22/2749 Page 2 December 7, 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 November 30th petition, the Land Bank states, “[t]he Land Bank requested until January 15, 2023 to provide responsive documents, and Attorney Quick’s office kindly agreed to that extension.” Conclusion In light of these communications, it is unnecessary to opine on the Land Bank’s petition at this time. Sincerely, Manza Arthur Supervisor of Records cc: Joel Quick, Esq. Michele A. Hunton, Esq.