O Camo v. Oxford, Town of - Town Clerk (SPR 20231660)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 25, 2023 SPR23/1660 Michelle A. Jenkins Town Clerk Town of Oxford 325 Main Street Oxford, MA 01540 Dear Ms. Jenkins: On July 19, 2023, this office 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, the Department furnished a copy of this petition to the requestor. Id. In a message received by the Town on July 7, 2023, an anonymous individual requested “a copy of all responses to public records requests by the town from 2018 to now. This request is only for the letter from the town to the person and not documents.” 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 SPR23/1660 Page 2 July 25, 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 July 19, 2023 petition, the Town requests an extension of 30 business days and provides the following information in support of its request: Given the amount of work required to adequately fulfill this request, additional time is needed beyond the initial allowance. Some of the record’s [sic] pre-date my tenure here in Oxford, and therefore, require additional time to ensure that all documents are retrieved from my office and the Town archives. Further, the current timeframe is a challenge for my office due to staff reductions and office workload. I find that in light of the need to collect and segregate the records, as well as the capacity of the Town to produce the records without an extension, the Town has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Town is granted an extension of 30 business days. Conclusion As described above, I find that the Town has established good cause for a time extension of 30 business days. Please note, the requester 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: Anonymous