David G. Magraw v. Walpole, Town of - Police Department (SPR 20222958)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 5, 2023 SPR22/2958 Richard M. Kelleher Chief of Police Walpole Police Department 50 South Street Walpole, MA 02081 Dear Chief Kelleher: I have received your petition on behalf of the Walpole Police Department (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 December 14, 2022, Attorney Philip Cormier, on behalf of David Magraw, requested various records relating to two specified investigations, “beginning on or about July 23, 1990 to the present.” 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 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. 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

Chief Richard M. Kelleher SPR22/2958 Page 2 January 5, 2023 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 22, 2022 petition, the Department requests “an extension of 10 days to adequately reply to this request” and provides the following information in support of its request: It was the Police Department’s understanding that the case [which is the subject of the request] was still under an appeal process. In consultation with the Norfolk District Attorney’s Office, although there may be some post-conviction appeals ongoing with their office, they were not opposed to releasing some documents upon the filing of a public records request. A review of the case file that is in the possession of the Police Department revealed that there [are] a number of documents in existence that are covered under this request. However, a significant amount of time will be needed to appropriately accommodate this request and [the Department] will not be able to meet the deadline of December 29, 2022. I find that in light of the capacity of the Department to produce the request without the extension, and efforts already 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, Attorney Cormier 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).

Chief Richard M. Kelleher SPR22/2958 Page 3 January 5, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Philip Cormier, Esq.