Jenna Rocco v. Norfolk County District Attorney's Office (SPR 20240600)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 4, 2024 SPR24/0600 Brandon P. Hunt, Esq. Assistant District Attorney Records Access Officer Norfolk District Attorney’s Office 45 Shawmut Road Canton, MA 02021 Dear Attorney Hunt: On February 27, 2024, this office received your petition on behalf of the Norfolk District Attorney’s Office (Office) 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 Office furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). On December 13, 2023, Jenna Rocco requested copies of every time specific names were mentioned in emails to or from the Office. Previous Appeal The requested records were the subject of a previous appeal. See SPR24/0283 Determination of the Supervisor of Records (February 8, 2024). In my February 8th determination, I found that the Office had not met its burden of specificity to withhold and/or redact the responsive records under Exemptions (a), (c), (d), and (f) of the public Records Law. Accordingly, I ordered the Office to provide Ms. Rocco with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations. Subsequently, the Office submitted its February 27th petition seeking an extension of time to furnish copies of the requested record and this case, SPR24/0600, was opened as a result. 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: 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

Brandon P. Hunt, Esq. SPR24/0600 Page 2 March 4, 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) 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). Conclusion The Office submitted its petition on February 27, 2024, more than twenty business days after receipt of the request, and more than ten business days after my February 8th determination for SPR24/0283. In light of the fact that the Office 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: Jenna Rocco