William A. Moschella, Esq. v. Rowley, Town of - Town Clerk (SPR 20230421)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 9, 2023 SPR23/0421 Catie McClenaghan Town Clerk Public Records Access Officer Town of Rowley P. O. Box 351 Rowley, MA 01969 Dear Ms. McClenaghan: On March 2, 2023, this office received your petition on behalf of the Town of Rowley (Town) seeking an extension of time. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). On December 18, 2022, Attorney Moschella requested “[a]ny and all authorization or approval by any member of any town board, department, or employee of the town of Rowley relating to authorizations concerning a right of way and/or easement concerning town property given to any entity for the past 8 years concerning [an identified property] in the town of Rowley.” Previous Appeal This request was the subject of a previous appeal. See SPR23/0122 Determination of the Supervisor of Records (February 3, 2023). In my February 3rd determination, I ordered the Town to provide Attorney Moschella with a revised fee estimate. Subsequently, the Town petitioned this office on March 2, 2023 seeking an extension of time. 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; 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

Catie McClenaghan SPR23/0421 Page 2 March 9, 2023 (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) 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). Extension of Time to Produce Responsive Records In its March 2, 2023 email to this office, the Town petitioned for an extension of time to respond to the February 23, 2023 determination letter for SPR23/0122. Please note that the February 23rd determination letter requires the Town to provide a revised fee estimate. Given that the Supervisor is only permitted to grant an extension of time to furnish requested records, and not to provide a fee estimate, the Town has requested an extension outside the scope of the statutory authority given to the Supervisor under the Public Records Law. See G. L. c. 66, § 10(c). Conclusion Accordingly, I am unable to opine on the Town’s petition. Any revised fee estimate by the Town must be in compliance with the Public Records Law, its Regulations, and the previous February 23rd determination. A copy of the Town’s response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us.

Catie McClenaghan SPR23/0421 Page 3 March 9, 2023 Sincerely, Manza Arthur Supervisor of Records cc: William Moschella, Esq.