Ron Fichtner v. Truro, Town of - Town Clerk (SPR 20233116)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 3, 2024 SPR23/3116 Elisabeth Verde Town Clerk 24 Town Hall Road P.O. Box 2012 Truro, MA 02666 Dear Ms. Verde: On December 27, 2023, this office received your petition on behalf of the Town of Truro (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, the Department furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). On November 20, 2023, Ron Fichtner requested “copies of all [‘]Form CPF M 102: Campaign Finance Report Municipal Form[’] filed with the Town of Truro during the past four years.” In an email to this office and the Town on December 28, 2023, Mr. Fichtner opposed the Town’s petition. 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

Elisabeth Verde SPR23/3116 Page 2 January 3, 2024 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 dated December 27, 2023, the Town “requests an extension of 30 days to attempt to furnish more complete copies records requested by Mr. Fichtner[.]” Conclusion The Town submitted its petition on December 27, 2023, more than twenty business days after receipt of the request. In light of the fact that the Town has not demonstrated it submitted a timely petition, an extension of time cannot be granted. 950 C.M.R. 32.06(4)(d). Sincerely, Manza Arthur Supervisor of Records cc: Ron Fichtner