David G. Magraw v. Norfolk County District Attorney's Office (SPR 20232982)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 18, 2023 SPR23/2982 Brandon P. Hunt, Esq. Assistant District Attorney Records Access Officer Norfolk County District Attorney’s Office 45 Shawmut Road Canton, MA 02021 Dear Attorney Hunt: On December 11, 2023, this office received your petition on behalf of the Norfolk County District Attorney’s Office (Office/NDAO) 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 Office furnished a copy of the petition to the requestor, David Magraw. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). In separate requests, Mr. Magraw requested the following records on October 16, 2023: [1] The report, or reports . . . written by [an identified individual], of the Walpole Police Department, informing of the time(s) and date(s) [an identified individual] went to the Old Post Road area, in Walpole, and the name(s) of the neighbor(s) . . . at that/those time(s) and the information provided by that/those neighbor(s)[;] [2] A copy of the report which would have been written, created, from the interview of [an identified individual], the afternoon of July 24, 1990[;] [3] A copy of the report which would have been written, created, from the interview of [identified individuals], by [an identified] Detective between November 1990 to January 1991[;] [4] A copy of the report which would have been written, created, from the interview of [an identified individual], by [an identified] Detective on December 14 [sic] 1994[.] 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

Brandon P. Hunt, Esq. SPR23/2982 Page 2 December 18, 2023 Previous Appeals This request was the subject of previous appeals. See SPR23/2749 and SPR23/2750 Determination of the Supervisor of Records (November 27, 2023). Please refer to the determination in SPR23/2749 and SPR23/2750 for analysis of this matter. 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 petition, the Office is seeking “an extension of time to respond to Mr. Magraw.” In support of its request, the Office provides the following information: [T]he NDAO petitions the Supervisor of Record’s Office for a 5-business day extension to provide the requester with responsive records. …

Brandon P. Hunt, Esq. SPR23/2982 Page 3 December 18, 2023 [T]he NDAO has identified 22 boxes of case materials to search in order to confirm whether responsive materials exist. The NDAO has searched through 15 boxes and reasonably anticipates the last seven will necessitate an additional 5 business days to search to confirm whether responsive materials exist. … [A]dditionally, the undersigned records access officer has other appellate matters representing the Commonwealth in criminal cases, 16 pending public records requests, two of which have been appealed, and was out of the office for one day. In light of the need to collect, segregate and examine the records, as well as the capacity of the Office to produce the records without an extension, the Office has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The Office is granted an extension of 5 business days. Conclusion As described above, I find that the Office has established good cause for a time extension of 5 business days. Please note, Mr. Magraw 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: David Magraw