Good Citizen v. Methuen, City of - Police Department (SPR 20232990)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 19, 2023 SPR23/2990 Brittany Getchell Methuen Police Department 90 Hampshire Street Methuen, MA 01844 Dear Ms. Getchell: On December 12, 2023, this office received your petition on behalf of the Methuen Police Department (Department) 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, the Department furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). On November 27, 2023, Good Citizen requested: [1.] Names, salaries of all personnel working in the records department, including starting date of employment[;] [2.] Methuen police department code of conduct[;] [3.] Methuen police department budget[;] [4.] Any and all sign contacts [sic] and agreements with towing companies[;] [5.] Methuen list of exempt public records list[;] [6.] Name and badge numbers of new hires from January 2023 to current[;] [7.] List of all citizens complaints against any officer, including their names and badge numbers[;] [8.] List of any suspensions on MPD officers, including dates of suspension and reasons for the suspension[;] [9.] A copy of MPD union contract[;] [10.] A copy of service repairs, inspection reports of all current on road vehicles[;] [11.] A list of vehicles damaged by MPD[.] Open Appeal This request is currently the subject of an appeal. See SPR23/2984. A determination will be issued separately within ten business days of receipt of the appeal. 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

Brittany Getchell SPR23/2990 Page 2 December 19, 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). Request for Additional Time to Produce Responsive Records In its December 12th petition, the Department “requests additional time to fulfill [Items 7, 8, 10, and 11] of the request.” In support of its request, the Department states that in regard to Items 1, 3, and 9 of the request, “all City of Methuen salary, budget, and union contract information are available for public viewing on our city website, www.cityofmethuen.net[.] The requestor may view and download this information at any time.” The Department further explains, “[a]ttached [the requestor] will find the Methuen Police Department (“MPD”) Rules and Regulations policy, which outlines the department’s code of conduct. Also attached are a listing of officers hired by the City of Methuen from January 2023 to present day, along with all current tow agreements.” The Department notes that this information concerns Items 2, 4, and 6 of the request. Regarding Item 5 of the request, the Department states that “the City of Methuen does not have its own exemptions list” and that it “follows the guidelines established by the Commonwealth of Massachusetts: MA Public Records Law.” The Department indicates that it has “attached the Guide to Massachusetts Public Records Law for [the requestor’s] reference” and notes that the requestor may contact this office “for additional educational resources regarding the Public Records Law.” “With reference to [I]tems 7, 8, 10 & 11” of the request, the Department explains that it seeks additional time “due to the scope of the request spanning over decades of operation and the

Brittany Getchell SPR23/2990 Page 3 December 19, 2023 anticipated substantial expenditure of time to review all vehicle maintenance records, accident reports and internal affairs files, separate and copy responsive material and redact personally identifying information and other material not subject to public disclosure[.]” The Department’s December 13th correspondence In an email to this office and the requestor on December 13, 2023, the Department specified that it “requests an additional 30 business days to furnish the remaining records.” I find that in light of the need to search for, collect, and examine the records, the scope of redaction required to prevent unlawful disclosure, and the efforts undertaken by the Department in fulfilling the current request, the Department has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iv). I hereby grant the Department an extension of 30 business days to furnish copies of records responsive to the request. See G. L. c. 66, § 10(c). Conclusion Accordingly, it is my determination that given the explanation in its petition and subsequent correspondence, the Department is permitted an extension of 30 business days to furnish copies of records responsive to the request. 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). Sincerely, Manza Arthur Supervisor of Records cc: Good Citizen