Andrew McIsaac v. Department of Mental Health (SPR 20222806)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 9, 2022 SPR22/2806 Misael Garcia Records Access Officer Department of Mental Health 25 Staniford Street Boston, MA 02114 Dear Mr. Garcia: I have received your petition on behalf of the Department of Mental Health (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv). As required by law, the Department furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). On October 24, 2022, Andrew McIsaac requested “…all final documents associated with the most recent survey of Fuller Hospital.” Previous Appeal This request was the subject of a previous appeal. See SPR22/2548 Determination of the Supervisor of Records (November 23, 2022). In my November 23rd determination, I found that the Department may permissibly withhold certain information under Exemption (a) and G. L. c. 123, § 36, and I ordered the Department to clarify its claims under Exemption (c) of the Public Records Law. Subsequently, on December 6, 2022, the Department submitted the present petition to this office 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 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

Misael Garcia SPR22/2806 Page 2 December 9, 2022 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) 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). Request for Additional Time to Produce Responsive Records In its December 6, 2022 petition, the Department requests an extension of ten (10) business days. In support of its request, the Department states that it “is close to finalizing production but because of a new review process that involves more staff, [the Department] will need additional time to produce the records with new interpretations of the exemptions [it] relied upon.” I find that in light of the scope of redaction required to prevent unlawful disclosure, the capacity of the Department to produce the requested records without the extension, and efforts undertaken by the Department in fulfilling the current request, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The Department is granted an extension of 10 business days. Conclusion Accordingly, I find the Department has established good cause for a time extension of 10 business days as described above. Please note, Mr. McIsaac 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(c), 10(d)(iv)(4), 10A(c).

Misael Garcia SPR22/2806 Page 3 December 9, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Andrew McIsaac