Jeff Raymond v. Granby, Town of - Police Department (SPR 20231812)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 10, 2023 SPR23/1812 Chief Kevin O’Grady Granby Police Department 259A East State Street Granby, MA 01033 Dear Chief O’Grady: I have received your petition on behalf of the Granby 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, Jeff Raymond. Id. On April 11, 2023, Mr. Raymond requested the following records: [1.] A copy of the document your police department sent to the POST Commission, likely sent between November 2021 and June of 2022, providing the information requested by the POST Commission for its ‘database listing complaints against police officers’ planned for May of 2022. . . [2.] Copies of any relevant responsive communications between a) your police department and/or your town officials and b) the POST Commission in regard to the database planned for May of 2022 as detailed above and/or compliance with the reporting for said database between the dates of July 1, 2021 and December 31, 2022, broadly construed. . . [3.] Copies of any relevant responsive communications within or between a) your police department and b) your municipal administration in regard to this database and/or compliance with this mandate between the dates of July 1, 2021 and December 31, 2022, broadly construed. . . [4.] Information concerning ‘complaints against police officers’ issued in the calendar year 2022 and through March 31, 2023, preferably in the same format used for the information sent to POST between November 2021 and June of 2022 for the earlier-mentioned database. . . [5.] A copy of the document your police department sent to the POST 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 Kevin O’Grady SPR23/1812 Page 2 August 10, 2023 Commission as sent to the POST Commission, likely sent between December 1, 2022 and April 9, 2023, to comply with the “2023 POST Commission Disciplinary Records Resubmission.”... [6.] Copies of any relevant responsive communications within or between a) your police department and b) your municipal administration in regard to this database and/or compliance with the ‘2023 POST Commission Disciplinary Records Resubmission’ described above. Prior Appeals This request was the subject of previous appeals. See SPR23/1172 Determination of the Supervisor of Records (June 15, 2023) and SPR23/1554 Determination of the Supervisor of Records (July 20, 2023). In my July 20th determination, I found that the Department did not meet its burden to redact responsive records under Exemption (c). 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

Chief Kevin O’Grady SPR23/1812 Page 3 August 10, 2023 request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its August 4, 2023 petition, the Department states that it “is consulting with legal counsel related to this matter. As a result, the Department will produce a response thirty (30) business days from this date.” In an email sent with the petition for time, the Department states, “[p]lease see the attached request for an extension while [the Department] consult[s] Town Counsel…and now there are vacations involved.” Conclusion The Department submitted its petition on August 4, 2023, more than ten business days after issuance of the July 20th determination. In light of the fact the Department has not demonstrated it submitted a timely petition, permission for an extension of time to respond to the request cannot be granted. 950 C.M.R. 32.06(4)(d). Sincerely, Manza Arthur Supervisor of Records cc: Jeff Raymond