Joe X v. Hull, Town of - Town Clerk (SPR 20232837)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 29, 2023 SPR23/2837 Lori West Town Clerk Town of Hull 253 Atlantic Avenue Hull, MA 02045 Dear Ms. West: On November 22, 2023, this Office received your petition on behalf of the Town of Hull (Town) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Town furnished a copy of this petition to the requestor. Id. On October 30, 2023, an anonymous requestor emailed the Town seeking: [1] A picture of [a named individual]. Almost all police departments take pictures of their officers, usually in front of an American flag. [2] All disciplinary records, complaints et cetera in regards to [a named individual] since he started working at the department [3] All disciplinary records, complaints et cetera of all the officers who have worked for [the Town’s] department or are currently on [the Town’s] department for the last ten years[.] 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 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

Lori West SPR23/2837 Page 2 November 29, 2023 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 November 22, 2023 petition, the Town states: On November 8, 2023, the Town provided the requestor with a written response, which included the photograph he requested and a copy of [a named individual’s] disciplinary record. [The Town] further advised him that his request for 10 years’ worth of records from police officers’ files was very broad and due to the magnitude of the records he was seeking that the Town would need additional time to review some 65 personnel files, determine which records were responsive to his request, review those records for any lawful redactions, and also provided him with a good faith estimate of the time and cost to produce those records… Given the breadth and broad nature of the request and the uncertainty of [the requestor’s] use of the term “et cetera”, as well as the normal and unexpected demands on the Hull Police Department (which is a relatively small department), the request unduly burdens the other responsibilities of our department, the Town cannot complete the request within 25 business days following the initial receipt due to the magnitude and difficulty of such a request. Based upon the foregoing, and for other good cause, the Town respectfully requests that [the Supervisor of Records] grant a single extension of up to 30 business day[s]… I find that in light of the capacity of the Town to produce the records without the extension, the Town has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Town an extension of 30 business days to furnish copies of records responsive to the requestor’s request. See G. L. c. 66, § 10(c). To the extent possible, the Town must provide responsive records on a rolling basis.

Lori West SPR23/2837 Page 3 November 29, 2023 Conclusion Accordingly, I find the Town has established good cause for a time extension of 30 business days as described above. 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(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Joe X James B. Lampke, Esq.