Timothy Moriarty v. Oxford, Town of - Town Clerk (SPR 20230474)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 16, 2023 SPR23/0474 Michelle A. Jenkins Town Clerk Town of Oxford 325 Main Street Oxford, MA 01540 Dear Ms. Jenkins: I have received your petition on behalf of the Town of Oxford (Town) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Town furnished a copy of this petition to the requestor, Timothy Moriarty. Id. On February 13, 2023, Mr. Moriarty requested, “the spending warrants, and any associated invoices and receipts, beginning January 10th, until current day.” 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

Michelle A. Jenkins SPR23/0474 Page 2 March 16, 2023 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 petition dated March 9, 2023, the Town seeks an extension of 10 business days to produce records. The Town states the following in support of its petition: The initial response was sent to the requestor on February 28, 2023, which included a fee that was assessed in order to produce the requested documents. On March 2, 2023, the fee assessed was paid by the requestor. . . . The Town has assessed that a portion of the requested documents would total 1,722 pages of information which would have to be examined in order to conduct research as well as provide redactions of specific information that could have a detrimental affect either to the Town or particular individuals. The Town Manager who oversees all of the budget invoices and receipts must schedule at least 8 hours of time in order to review, research and redact each individual invoice. This is an overly burdensome task in and of itself, but particularly while preparing the Town’s Annual Budget. At this time, the Town is in the midst of budget season, preparing for the Annual Town meeting, and preparing for the Annual Town Election, to name a few. Additionally, the Town Clerk’s Office is experiencing a reduction in staff and is processing multiple public records requests. I find that in light of the capacity of the Town to produce the request without the extension, as well as efforts undertaken by the Town in fulfilling the current request, the Town has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Town an extension of 10 business days to furnish copies of records responsive to Mr. Moriarty’s request. See G. L. c. 66, § 10(c). Conclusion I find the Town has established good cause to permit an extension of time of 10 business days as discussed above.

Michelle A. Jenkins SPR23/0474 Page 3 March 16, 2023 Please note, Mr. Moriarty 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(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Timothy Moriarty