Geoff Beach v. Acton, Town of - Town Clerk (SPR 20240467)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 16, 2024 SPR24/0467 Leo Mercado Deputy Town Clerk/Records Access Officer Town of Acton 472 Main Street Acton, MA 01720 Dear Mr. Mercado: On February 12, 2024, this office received your petition on behalf of the Town of Acton (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, Geoff Beach. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). In separate requests, Mr. Beach requested the following records: SPR24/0113 On December 1, 2023, Mr. Beach requested: [1] All Chapter X inspection reports in the possession of the Town. [2] All Chapter X ‘As-Built Certification’ forms submitted to the Town. [3] All complaints regarding drainage, sedimentation control, or other Stormwater Management issues. SPR24/0114 On December 22, 2023, Mr. Beach requested: [1] All records related to the determination by [an identified individual] that “we need to update the terms of the [of the Bond Construction Deadline]” in September 2023, and all records related to her decision to ask the Developer to request an extension of the Bond Construction Deadline in her email to the Developer on 9/14/2023 … request includes but is not limited to all correspondence regarding this issue[;] 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

Leo Mercado SPR24/0467 Page 2 February 16, 2024 [2] All records to the Town Counsel’s advice regarding the extension of the Bond Construction Deadline, as disclosed in the publicly-posted Memo to the Planning Board dated 9/19/2023 (Corrected 9/20/2023). SPR24/0115 On November 9, 2023, Mr. Beach requested: [A]ll public records related to easements on any property in the subdivision The Preserve at Audubon Hill (aka 46 High Street or Bumble Bee Way, as described in Planning Board Decision PB20-02). This request includes, but is not limited to, documentation of enforceable easements, rights granted by said easements, and any documents, notes, memos, communications (including email or text messages), or other materials, regarding easements relating to the Subdivision. SPR24/0117 On November 16, 2023, Mr. Beach requested: [1] All contract documents between GCG Associates, Inc. and the Town of Acton, and all billing statements and invoices from GCG Associates, Inc. since the time they began working with the Town. [2] All memos, reports, reviews, site visit reports, and other work product from GCG Associates, Inc. related to The Preserve at Audubon Hill. And all of the following records for the periods 4/15/2022-7/31/2022 and 9/1/2023- 11/16/2023: [3] All phone records (call logs, notes, voicemails) of all systems and devices used by [a named individual] while carrying out official duties. [4] All text messages and chats between [the individual] and any member of the Planning Board, Select Board, [other named individuals and specified phone numbers] [5] All email communications to or from [the individual] that involve any of the following senders or recipients (including through carbon-copy) [a list of named groups and individuals.] SPR24/0118 On December 21, 2023, Mr. Beach requested: [1] All records related to the 53G account(s) used in relation to Qualified Consultants utilized by the Planning Board or Planning Division since the beginning of the Town’s engagement with GCG Associates, Inc. [2] The annual reports specified by MGL 53G for any accounts utilized by the

Leo Mercado SPR24/0467 Page 3 February 16, 2024 Planning Division or Planning Board to fund Qualified Consultants... [3] Any records related to the decision to use an external consultant for engineering reviews by the Planning Board or Planning Department, and any records related to the selection of GCG Associates, Inc. for this role, including but not limited to bids, interview documents, and all associated internal and external communications, memos, and approvals. SPR24/0122 On November 30, 2023, Mr. Beach requested: [1.] Building permits for Lots 1, 2, 3, 4, and all memos, notes, emails, etc. related to the permits including the submission, evaluation, and approval of said building permits. [2.] Occupancy permits for Lots 1, 2, 3, 4 (now know as 1, 3, 5, 7 Bumble Bee Way), and all memos, notes, emails, etc. related to the permits, including application, inspection requests, scheduling of inspections, results of inspections and evaluations, and granting of permits. [3.] All records related to Health Department inspections of the septic systems on Lots 1, 2, 3, 4 since the beginning of the project. Previous Determinations These requests were the subjects of previous determinations. See SPR24/0113 -- Determination of the Supervisor of Records (January 29, 2024); SPR24/0114 Determination of the Supervisor of Records (January 29, 2024); SPR24/0115 Determination of the Supervisor of Records (January 29, 2024); SPR24/0117 Determination of the Supervisor of Records (January 29, 2024); SPR24/0118 Determination of the Supervisor of Records (January 29, 2024); and SPR24/0122 Determination of the Supervisor of Records (January 29, 2024). 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;

Leo Mercado SPR24/0467 Page 4 February 16, 2024 (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 is seeking “extensions to respond to the referenced public records appeals.” In support of its request, the Town provides the following information: [T]he Town Clerk’s Office has been focused on preparing for multiple upcoming elections so, regrettably, has not been able to respond to these appeals. … [A]s a result, the Town is requesting an extension to February 20, 2024, so it may provide full and complete responses to you and Mr. Beach. In an email to this Division on February 12, 2024, Mr. Beach objects to the Town’s petition for an extension of time, arguing “[I]t is unclear why ‘multiple upcoming elections’ constitute ‘good cause’ for further delays in the identification of responsive records by those employees…Acton Town Counsel is not burdened by “upcoming elections.”” In light of 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)(iii). The Town is granted an extension of 5 business days. Conclusion As described above, I find that the Town has established good cause for a time extension of 5 business days. Please note, Mr. Beach 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).

Leo Mercado SPR24/0467 Page 5 February 16, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Geoff Beach Nina Pickering-Cook, Esq., Anderson & Kreiger, LLP.