Adrienne Washington v. Municipal Police Training Committee (SPR 20231241)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 16, 2023 SPR23/1241 Cassandra Cahill Records Analyst Municipal Police Training Committee 42 Thomas Patten Drive Randolph, MA 02368 Dear Ms. Cahill: I have received your petition on behalf of the Municipal Police Training Committee (Committee) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Committee furnished a copy of this petition to the requestor, Adrienne Washington. Id. On May 26, 2023, Ms. Washington requested, “[a]ll records, documents, communications or other materials related to any person or entity, including sheriff’s offices, that: have contacted [the Committee] about law enforcement continuing education and training related to ‘constitutional training,’ ‘ethics and law enforcement oath of office’ and ‘ethics and LE oath of office.’” 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. 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

Cassandra Cahill SPR23/1241 Page 2 June 16, 2023 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 June 8, 2023 petition, the Committee states that it is “requesting a time extension for the ... record request due to the scope and magnitude of the request.” The Committee explains that it “must rely on EOTSS [the Executive Office of Technology Services and Security] to assist with any e-discovery requests that come to the MPTC.” The Committee further explains that it is “currently waiting on approval from EOTSS to submit e-discovery for” Ms. Washington’s request. In an email dated June 13, 2023, the Committee clarifies that it seeks an extension of 10 business days to produce records. I find that in light of the capacity of the Committee to produce the records without the extension, as well as efforts undertaken by the Committee in fulfilling the current request, the Committee has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)- (iv). I hereby grant the Committee an extension of 10 business days to furnish copies of records responsive to Ms. Washington’s request. See G. L. c. 66, § 10(c). Conclusion I find the Committee has established good cause to permit an extension of time of 10 business days as discussed above. Please note, Ms. Washington 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).

Cassandra Cahill SPR23/1241 Page 3 June 16, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Adrienne Washington