O Camo v. Oxford, Town of - Town Clerk (SPR 20232270)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 29, 2023 SPR23/2270 Michelle A. Jenkins Town Clerk Town of Oxford 325 Main Street Oxford, MA 01540 Dear Ms. Jenkins: On September 22, 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); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Town furnished a copy of the petition to the requestor. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On September 7, 2023, an anonymous individual requested “all emails and documents about hiring the police chief from January 1, 2023 to now. This includes but not limited to documents about the town meeting article, interview process, search firm, and search committee.” 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

Michelle A. Jenkins SPR23/2280 Page 2 September 29, 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 petition, the Town requests an extension of 30 business days and provides the following information in support of its request: [T]he public records response will require extensive time, coordination, review, and research by the Office of the Town Clerk, the Board of Selectmen, the Human Resources Department, and the Town Manager’s Office. Over the last several weeks, these departments have also been working extensively on our upcoming Special Town Meeting. Some departments have also been inundated with an unusual myriad of other public records requests. Additionally, the Board of Selectmen’s Office is currently unstaffed due to a temporary vacancy, and the Human Resources Department is experiencing a shortage of staff while currently preparing and organizing for retiree open enrollment season. In light of the need to collect, segregate and examine 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 requestor 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).

Michelle A. Jenkins SPR23/2280 Page 3 September 29, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Anonymous