John Warfield v. Southborough, Town of (SPR 20230640)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 7, 2023 SPR23/0640 Melanie Otsuka Executive Assistant Town of Southborough 17 Common Street Southborough, MA 01772 Dear Ms. Otsuka: On April 3, 2023, this office received your petition on behalf of the Town of Southborough (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, John Warfield. On March 28, 2023, Mr. Warfield stated: [1] For the Town Meeting held on March 25, 2023, all records of every kind relating to the Town’s presentation and discussion of: a. Water problems at and around the Town Library and all repairs and improvements planned and/or made to address the problems, including (without limitation); b. All repairs and improvements planned and/or made at or around the Library, the Town Center, and/or the stretch of Cordaville Road between the Library and the Public Safety Building. [2] For the period 2003 through the present, all records of every kind relating to: a. Groundwater, [storm water], drainage, and/or flooding in or around the stretch of Cordaville Road between the Library and the Public Safety Building; and b. Pavement cracking, failing, settling, sinking, and/or patching or repairs in or around the stretch of Cordaville Road between the Library and the Public Safety Building; [3] For the period 2013 through the present, all records of every kind relating to repairs and improvements planned and/or made to the stretch of Cordaville Road between the Library and the Public Safety Building. [4] For the period of 2013 through the present, all records of every kind relating to 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

Melanie Otsuka SPR23/0640 Page 3 April 7, 2023 the Town’s consideration, deliberation, and/or response to complaints received from [an identified individual] and/or his representatives regarding groundwater, [storm water], drainage, and/or flooding problems in or around his property at [an identified location]. [5] For the period 2013 through the present, all records of every kind relating to repairs and improvements planned and/or made to address groundwater, [storm water], drainage, and/or flooding in or around [an identified individual’s] property at [an identified location]. 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). 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 April 3rd petition, the Town seeks an extension of 30 business days. In support of its petition, the Town explains:

Melanie Otsuka SPR23/0640 Page 3 April 7, 2023 The Town is… engaged in litigation with this resident and has separately received a request for production of documents pursuant to said litigation. The Town is working diligently to comply with the request; however, due to the magnitude of the request and difficulty in obtaining all requested materials dating back to 2003, and determining whether redactions or segregation is required, fulfilling the request within 10 business days would unduly burden the other responsibilities of the municipality such that the Town is unable to complete the request within that timeframe. Conclusion I find that in light of the need to search for, collect, segregate or examine records and the capacity of the Town to produce the request without the extension, 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 30 business days to furnish copies of records responsive to Mr. Warfield’s request. See G. L. c. 66, § 10(c). Please note, Mr. Warfield 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: John Warfield Mark Purple