Joe Sciacca v. Department of Public Utilities (SPR 20240852)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 27, 2024 SPR24/0852 Mathieu Cunha, Esq. Records Access Officer Department of Public Works One South Station Boston, MA 02110 Dear Attorney Cunha: On March 20, 2024, this office received your petition on behalf of the Department of Public Works (Department) 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, I understand that the Department furnished a copy of this petition to the requestor, Joe Sciacca, of WHDH. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On March 6, 2024, Mr. Sciacca requested “[t]owing complaints made between June 1, 2022 and May 31, 2023, as well as a list of towing complaints filed with the DPU since Jan. 1, 2023.” Petitions 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. 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

Mathieu Cunha, Esq. SPR24/0852 Page 2 March 27, 2024 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 Additional Time to Produce Responsive Records In its petition, the Department requests “an extension of 20 business days to provide the responsive records to the requester.” In support of its request, the Department provides the following information: The Department has conducted a preliminary search and is still compiling items responsive to the request. The Department has collected 505 pages worth of material responsive to the first portion of the request. It is still reviewing them to ensure that any redactions applied are appropriate. These include redactions made pursuant to G.L. c. 4, §7(c), including the names, mailing addresses, email addresses, and phone numbers of complainants. The Department is still collecting information responsive to the second portion of the request. Due to the extensive review required, the Department needs to ensure that every towing complaint that is currently before the Department is accounted for. This process has created a burden on the Department, and pursuant to G.L. c. 4, §7(c), will still require the redaction of the names, addresses and phone numbers of parties submitting complaints to the Department. I find that in light of the need to search for, collect, segregate and examine the records, the capacity of the Department to produce the request without the extension, and efforts undertaken by the Department in fulfilling the current request, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The Department is granted an extension of 20 business days. Conclusion Accordingly, I find the Department has established good cause for a time extension of 20 business days as described above. Please note, Mr. Sciacca 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).

Mathieu Cunha, Esq. SPR24/0852 Page 3 March 27, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Joe Sciacca