Gabriela Robin v. Ayer, Town of - Police Department (SPR 20230841)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 3, 2023 SPR23/0841 Chief Brian Gill Ayer Police Department 54 Park Street Ayer, MA 01432 Dear Chief Gill: I have received the petition of Heather Sherry on behalf of the Ayer Police Department (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Department furnished a copy of this petition to the requestor, Attorney Gabriela Robin. Id. On April 18, 2023, Attorney Robin requested internal affairs records relating to four named individuals. 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

Chief Brian Gill SPR23/0841 Page 2 May 3, 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 April 28, 2023, the Department seeks an extension of time to produce records. In an email to this office on May 1, 2023, the Department specifies that it is “seeking 5 additional business days.” In support of its petition, the Department states that “[t]his request involves internal affairs records including complaints, correspondence, witness statements, police reports, incident reports, etc. for four of [the Department’s] officers. [The Department is] in need of additional time to research and prepare these documents for release.” In an email dated May 1, 2023, the Department further explains the following: [The Department is] requesting more time for this Records request because it involves internal affairs records that can only be researched/redacted by the Chief’s office. Normally, the Records Clerk handles records request for [the] department but do to the nature of the request the Chief is working on it. Also, this request involves four of [the Department’s] Officers and there are multiple complaints to sort through. Each IA includes complaints, correspondence, witness statements, police reports, incident reports, investigation documents, etc. It has taken more time than expected to research and redact these documents to prepare them for release. I find that in light of the capacity of the Department to produce the request without the extension, as well as efforts undertaken by the Department in fulfilling the current request, the Department has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Department an extension of 5 business days to furnish copies of records responsive to Attorney Robin’s request. See G. L. c. 66, § 10(c). Conclusion I find the Department has established good cause to permit an extension of time of 5 business days as discussed above.

Chief Brian Gill SPR23/0841 Page 3 May 3, 2023 Please note, Attorney Robin 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: Gabriela Robin, Esq. Heather Sherry