Cassandra M. Green v. Essex Regional Retirement System (SPR 20230415)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 9, 2023 SPR23/0415 Charles E. Kostro Executive Director Essex Regional Retirement System 491 Maple Street, Suite 202 Danvers, MA 01923 Dear Mr. Kostro: On March 2, 2023, this office received your petition on behalf of the Essex Regional Retirement System (System/ERRS) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, the System furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On January 23, 2023, Cassandra M. Green requested four categories of records from the System. On February 22, 2023, the System received an amended request from Ms. Green, deleting one category of her request, and instead seeking “email(s) and attachments referenced on page 1592 of November 21, 2022 minutes of the Essex Regional Retirement Board ... and any subsequent related emails subject to M.G.L. Chapter 66, Section 10.” 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; 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

Charles E. Kostro SPR23/0415 Page 2 March 9, 2023 (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 petition, the System requests “an extension of thirty business days.” In support of its petition, the System notes that “ERRS is typically comprised of six full-time employees. Presently, ERRS has five full-time employees and one part-time employee on staff.” The System further explains that “Ms. Green’s initial public records request was responded to on January 26, 2023, and again on February 8, 2023.” In its January 26th and February 8th responses, the System encouraged Ms. Green to narrow the scope of her request and provided a fee estimate. On February 21, 2023, Ms. Green provided a money order to the system covering at least a portion of the estimated fees. The System explains that the amended request “will still require the retirement system to dedicate multiple days of staff time to meet what remains a relatively broad public records request.” The System goes on to state that “this extension is essential so that the retirement system may respond to Ms. Green’s request without negatively affecting the retirement services provided to the 6,000 members or our system.” I find that in light of the capacity of the System to produce the request without the extension, and efforts undertaken by the System in fulfilling the current and previous requests, the System has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The System is granted an extension of 30 business days. Conclusion Accordingly, I find the System has established good cause for a time extension of 30 business days as described above. This office encourages Ms. Green and the System to continue to communicate directly in

Charles E. Kostro SPR23/0415 Page 3 March 9, 2023 order to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (an agency or municipality shall suggest a reasonable modification to the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably). Any subsequent fee estimate from the System must be made in compliance with G. L. c. 66, § 10(b)(viii) and G. L. c. 66, § 10(d)(iii). Please note, Ms. Green 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). Sincerely, Manza Arthur Supervisor of Records cc: Cassandra M. Green