Jeremey M. Cohen v. Oxford, Town of - Town Clerk (SPR 20241101)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 19, 2024 SPR24/1101 Michelle A. Jenkins Town Clerk Town of Oxford 325 Main Street Oxford, MA 01907 Dear Ms. Jenkins: On April 12, 2024, this office received your petition on behalf of the Town of Oxford (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, Attorney Jeremey Cohen, of Boston Dog Lawyers. G. L. c. 66, § 10(c); G. L.c. 66, § 10(d)(iv)(2). On March 29, 2024, Attorney Cohen requested, “records, reports, citations, interviews, 911 calls in connection with or relating to an incident involving [an identified individual’s] dog on 2/9/24.” 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. 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

Michelle Jenkins SPR24/1101 Page 2 April 19, 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) 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 requests, “an extension of 10 business days for a public records request.” In support of its request the Town provides the following information: We are currently working diligently with Town Counsel to fulfill this Public Records request. Please be advised the nature of the matter is currently a legal matter before the Oxford Board Selectmen. The Town must ensure that all of the proper documentation is provided, and the necessary redactions are in proper form. In light of the need to collect, segregate and examine the records, as well as the capacity of the Town to produce the records without an extension, and the scope of redaction required to prevent unlawful disclosure, the Town has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Town is granted an extension of 10 business days. Conclusion As described above, I find that the Town has established good cause for a time extension of 10 business days. Please note, Attorney Cohen 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). Sincerely, Manza Arthur Supervisor of Records cc: Jeremey Cohen, Esq.