Marina Villeneuve v. Malden, City of - Police Department (SPR 20231758)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 4, 2023 SPR23/1758 Stephanie M. Burke Public Records Administrator City of Malden 215 Pleasant Street Malden, MA 02148 Dear Ms. Burke: On July 31, 2023, this office received your petition on behalf of the Malden 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 July 17, 2023, Marina Villeneuve, of Boston 25 News-WFXT, requested: [1] An extract of your records management system or database that includes every report of suspected sexual abuse of public K-12 students from September 1, 2017 to present. . . only in cases of alleged abuse perpetrated by a school employee or other student. Specifically, I request an extract of the database to include [20 categories of information, organized in columns][;] [2] If such an extract of the database in question 1 is not possible, please provide each report of alleged sexual abuse of students by school employees or students from September 1, 2017 to present. . .[;] [3] If such an extract of the database in question 1 or 2 is not possible, please provide each report of alleged sexual abuse of students from September 1, 2017 to present. . .[;] [4] A list of school employees investigated for alleged sexual abuse from September 1, 2017 to present in cases where sexual abuse was documented – this list should include names, titles and whether the employee is currently employed at the district[;] [5] Any records instructing or informing school personnel of, or otherwise describing, data reporting requirements and procedures for reporting sexual abuse of students by school employees or other students. 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

Stephanie M. Burke SPR23/1758 Page 2 August 4, 2023 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 July 31st petition, the Department requests an extension of 20 business days and provides the following information in support of its request: Given the research needed to determine if any records exist based on the broad scope of the request, the volume of potentially responsive records, and the sensitive and confidential nature of the subject matter, which will result in the necessity for detailed review and possible redaction of the records, the City submits that it is not reasonable to require it to produce the responsive records within 10 business days. Therefore, City hereby petitions for an extension of time to respond to the request, given that the scope of redaction required to prevent unlawful disclosure is significant. The City will be unable to complete its review, redaction, and production of records during normal business hours of operation without an extension.

Stephanie M. Burke SPR23/1758 Page 3 August 4, 2023 I find that in light of the need to collect and segregate the records, as well as the scope of redaction required to prevent unlawful disclosure and 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 20 business days. Conclusion As described above, I find that the Department has established good cause for a time extension of 20 business days. Please note, Ms. Villeneuve 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: Marina Villeneuve