M. P. Feitelberg v. Somerset, Town of - Police Department (SPR 20240101)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 26, 2024 SPR24/0101 Captain William Tedford Executive Officer Somerset Police Department 465 County Street Somerset, MA 02726 Dear Captain Tedford: On January 11, 2024, this office received your petition on behalf of the Somerset Police Department (Department) seeking a relief from the obligation to produce responsive 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, I understand that the Department furnished a copy of this petition to the requestor, Mary P. Feitelberg. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). The Department states that “between the period of October 6, 2023, and January 11, 2024, Ms. Feitelberg has filed dozens of requests for records and associated emails.” In numerous emails to this office, Ms. Feitelberg has objected to the Department’s petition. Previous Appeals A related request from Ms. Feitelberg was the subject of previous appeals. See SPR23/1853 Determination of the Supervisor of Records (August 24, 2023 and October 6, 2023). In my August 24th and October 6th determinations, I closed SPR23/1853 in light of the Department confirming that it did not possess additional responsive records. Subsequently, Ms. Feitelberg submitted numerous additional requests to the Department which are the subject of this petition. Petitions for an Extension of Time and for Relief from the Obligation to Respond 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: 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

Captain William Tedford SPR24/0101 Page 2 January 26, 2024 (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) shall provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(b). Request for Relief In its petition, the Department requests “relief from producing any further requests involving incidents or events prior to January 10, 2024” to Ms. Feitelberg. The Department goes on to explain that it “will, of course, honor any requests in the future within the scope of the law and Massachusetts regulations.” In support of its request, the Department argues the following: Between the period of October 6, 2023, and January 11, 2024, Ms. Feitelberg has filed dozens of requests for records and associated emails to our records clerk, despite having only been involved in three (3) incidents with our agency. Any and all records Ms. Feitelberg is entitled to have been provided in a manner consistent with Massachusetts General Law 66/10 and 950 CMR 32.00. The need for this petition arises now due to every-increasing conspiracy theories and conjecture from Ms. Feitelberg manifesting as continuous emails and telephone calls to our agency designed to be argumentative, harassing, and accusatory. These are not legitimate requests for records. The Department includes with its petition dozens of emails from Ms. Feitelberg to the Department. Based on the information provided in the Department’s petition, I find that the Department has not demonstrated the requests are frivolous and not intended for the broad

Captain William Tedford SPR24/0101 Page 3 January 26, 2024 dissemination of information to the public about actual or alleged government activity, as required by G. L. c. 66, § 10(c). Conclusion In light of the above, I cannot grant the Department’s petition seeking relief from its obligation to produce responsive records at this time. Please note, this office may deny an appeal if, in the opinion of the Supervisor of Records, the request is designed or intended to harass, intimidate, or assist in the commission of a crime. See 950 C.M.R. 32.08(2)(b)(2). Sincerely, Manza Arthur Supervisor of Records cc: Mary P. Feitelberg