Roshan Inchody v. Marlborough, City of - Retirement Board (SPR 20240959)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 2, 2024 SPR24/0959 Mark Bingle Retirement Director Marlborough Retirement System 289 Elm Street, Suite 111 Marlborough, MA 01752 Dear Mr. Bingle: On March 28, 2024, this office received your petition on behalf of the Marlborough Retirement Board (Board) 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 Board furnished a copy of the petition to the requestor, Roshan Inchody. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On February 22, 2024, Mr. Inchody requested 15 categories of records pertaining to “quarterly public records from 1Q23 up to 4Q23.” It is my understanding that the Board received Mr. Inchody’s request on March 21, 2024. 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

Mark Bingle SPR24/0959 Page 2 April 2, 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). Current Petition In its petition, the Board is seeking “the full extension able to be granted regarding the detailed information that the requestor is looking to receive.” In support of its request, the Board provides the following information: [T]he information that is being requested is having our system go through all prior investment managers information that our board has used over many quarters and years. This will take some time for us to work on gathering the information and providing the proper redactions of all the documents that would need to be reviewed. This request does create a hardship on the public records officer and their day-to-day duties within the office. In light of the need to collect, segregate and examine the records, as well as the capacity of the Board to produce the records without an extension, the Board has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Board is granted an extension of 30 business days. Conclusion As described above, I find that the Board has established good cause for a time extension of 30 business days. Please note, Mr. Inchody 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).

Mark Bingle SPR24/0959 Page 3 April 2, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Roshan Inchody