Pam Mimms v. Ashland, Town of - Office of the Town Clerk (SPR 20240032)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 10, 2024 SPR24/0032 Cindy Livingstone Town Clerk Town of Ashland 101 Main Street Ashland, MA 01721 Dear Ms. Livingstone: On January 4, 2024, this office received your petition on behalf of the Town of Ashland (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, Pam Mimms. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). In separate requests, on December 19, 2023 and December 20, 2023, Ms. Mimms requested certain documents from the Town: On December 19, 2023, Ms. Mimms requested “[a]ll records pertaining to communications (verbal and written) regarding the developable or non- developable nature of the land located at “0” Prospect Street Ashland. This would include the Director of Assessor’s email and the Building Inspector’s email…” On December 19, 2023, Ms. Mimms requested “[a]ll records pertaining to communications (verbal and written) regarding the street number of “0” Prospect Street to 228 Prospect Street…” On December 20, 2023, Ms. Mimms requested “[a]ll communications, including but not limited to, discussions, emails, and meeting minutes between the following town offices (listed below) and the property owner or their agent regarding 0 Prospect Street…” 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 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

Cindy Livingstone SPR24/0032 Page 2 January 10, 2024 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 Town respectfully requests “an extension per G. L. c. 66, of an additional 10 business days.” In support of its request, the Town provides the following information: [G]iven the time needed to search and review responsive records for this request in addition to holidays and employee time off, it is estimated that it will take the Town longer than the 10 business days allowed by the Public Records Law. 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 10 business days. Conclusion As described above, I find that the Town has established good cause for a time extension of 10 business days.

Cindy Livingstone SPR24/0032 Page 3 January 10, 2024 Please note, Ms. Mimms 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: Pam Mimms