Geoff Beach v. Acton, Town of - Town Clerk (SPR 20240646)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 7, 2024 SPR24/0646 Nina Pickering-Cook, Esq. Town Counsel Town of Acton 472 Main Street Acton, MA 01720 Dear Attorney Pickering-Cook: On March 1, 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: SPR24/0114 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… [;] [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).” 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

Nina Pickering-Cook, Esq. SPR24/0646 Page 2 March 7, 2024 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 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…[.] SPR24/0279 On January 2, 2024, Mr. Beach requested: [1.] All records documenting rules, regulations, policies, and procedures regarding procurement that were in place in the Town of Acton at any time during the period 6/30/2018 to the present. [2.]

Nina Pickering-Cook, Esq. SPR24/0646 Page 3 March 7, 2024 [a.] All records related for MGL Chapter 30B compliance for the 3/11/2020 attached contract agreement with GCG Associates, Inc….[;] [b.] All communications not included in #4, below, regarding the decision to seek an external Peer Review consultant for the Town and the decision to use GCG Associates, Inc. for that role.[;] [3.] Any records related to extension of the terms of the attached 3/11/2020 GCG Associates, Inc. Contract beyond the 12/31/2020 end date, and any records related to subsequent agreements or contracts with GCG Associates, Inc. for peer review services[;] [4.] For the period 6/1/2019 to the present: All Town of Acton emails containing any of the words {"GCG", "53G", "peer", or "consultant”} and involving any of the following senders or recipients: [a list of named individuals], and any member of the Planning Board, Select Board, Zoning Board of Appeals, and Conservation Commission serving at any part of the requested time period[;] [5.] All emails sent to or received from any email with the domain “gcgassociates.net” in the period 6/30/2019 to 4/1/2020[;] [6] For the list of projects [in a specified list] that have been reviewed by GCG Associates, Inc., please provide all of the following records that exist: [a.] Any requests for quotes for peer review from other vendors, and any quotes received[;] [b.] review fee estimate(s) provided by GCG Associates, Inc.[;] [c.] Notice to proceed as described in the 3/11/2020 GCG Associates, Inc. contract[;] [d.] The final report of the 53G account used for the project, in the form provided to the applicant as per MGL c44 sec 53G. SPR24/0296 On January 16, 2024, Mr. Beach requested: [1.] Transmittal of the attached March 11, 2020 Contract agreement between GCG Associates, Inc., and the Town as well as any draft versions thereof, sent to or received from Town Counsel by any Town Employee or Board Members[;] [2.] Transmittal of any other draft or finalized contracts or agreements involving GCG Associates, Inc., sent to or received from Town Counsel by any Town Employees or Board Members[;] [3.] Any records of discussions, reviews, or other input about any Town contracts or agreements with GCG Associates, Inc. sought from or provided by Town Counsel….[;] [4.] Any records related to Town Counsel’s knowledge regarding the existence and/or substance of any contracts or agreements between GCG Associates, Inc., and any element of the Town of Action[;]

Nina Pickering-Cook, Esq. SPR24/0646 Page 4 March 7, 2024 [5.] Any records related to Town Counsel’s knowledge of the use, and manner of use, of 53G accounts for payment of Consultant Fees to GCG Associates, Inc. by any individual or body within the Town of Action. Previous Determinations These requests were the subjects of previous determinations. See 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); SPR24/0122 Determination of the Supervisor of Records (January 29, 2024); SPR24/0279 Determination of the Supervisor of Records (February 12, 2024); SPR24/0296 Determination of the Supervisor of Records (February 6, 2024); and SPR24/0467 Determination of the Supervisor of Records (February 16, 2024). In my February 16th determination, I granted the Town an extension of 5 business days to provide records in response to SPR24/0114, SPR24/0115, SPR24/0117, and RPR24/0118. Subsequently, the Town submitted the present 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. 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.

Nina Pickering-Cook, Esq. SPR24/0646 Page 5 March 7, 2024 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). Please note, in a letter to this office dated March 2, 2024, Mr. Beach objected to the Town’s petition. Conclusion The Office submitted its petition on March 1, 2024, more than twenty business days after receipt of the requests, and more than ten business days after my February 12th determination for SPR24/0279 and my February 6th determination for SPR24/0296. Additionally, where I found in my February 16th determination for SPR24/0467 that the Town had established good cause for a time extension of 5 business days to furnish copies of the requested records at issue in SPR24/0114, SPR24/0115, SPR24/0117, and SPR24/0118, please note that the Supervisor may grant only a single extension of time. See 950 C.M.R. 32.06(4)(e). 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). To the extent possible, the Department must provide responsive records on a rolling basis. Further, this office encourages Mr. Beach and the Town to continue to communicate to facilitate providing records more efficiently and affordably. Sincerely, Manza Arthur Supervisor of Records cc: Geoff Beach Leo Mercado