Casey E. Howard v. Northampton, City of - Police Department (SPR 20231215)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 14, 2023 SPR23/1215 Jennifer DiCarlo Records Division Assistant Northampton Police Department 29 Center Street Northampton, MA 01060 Dear Ms. DiCarlo: On June 7, 2023, this office received your petition on behalf of the Northampton Police Department (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, the Department furnished a copy of this petition to the requestor. Id. On June 2 and June 5, 2023, Casey E. Howard submitted a total of three records requests seeking approximately 68 categories of records. 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

Jennifer DiCarlo SPR23/1215 Page 2 June 14, 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 June 7, 2023 petition, the Department requests “an extension of 30 business days to respond to Mr. Howard’s requests.” In support of its petition, the Department states, “[g]iven the volume of each request, the undue burden these requests have placed on the Records Bureau, and the need to search for, collect, segregate and examine these records, the 10 business days allowed by law is not a reasonable amount of time to produce responsive records in our possession.” I find that in light of the need to collect and segregate the records, as well as the capacity of the Department to produce the records without an extension, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Department is granted an extension of 30 business days. Conclusion As described above, I find that the Department has established good cause for a time extension of 30 business days. Please note, Mr. Howard 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: Casey E. Howard