Sarah L. Ryley v. Brockton, City of - Law Department (SPR 20241215)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 26, 2024 SPR24/1215 Karen A. Fisher, Esq. Senior Assistant City Solicitor City of Brockton 45 School Street Brockton, MA 02301 Dear Attorney Fisher: On April 23, 2024, this office received your petition on behalf of the City of Brockton (City) 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 City furnished a copy of this petition to the requestor, Sarah Ryley, of the Boston Globe. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On March 13, 2024, Ms. Ryley requested the following records: [1.] All emails to/from [an identified individual] to/from [an identified individual] and/or [an identified individual]; [2.] All emails to/from [an identified individual]; to/from [an identified individual] and/or [an identified individual] On April 8, 2024, Ms. Ryley modified the scope of her request to “emails that contain the following key words: Budget, FY2022, FY22, FY2023, FY23.” Following further correspondence, I understand that on April 22, 2024, Ms. Ryley paid a fee estimate provided by the City. In an email to this office and the City on April 23, 2024, Ms. Ryley objects to the City’s petition. 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 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

Karen A. Fisher, Esq. SPR24/1215 Page 2 April 26, 2024 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. 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 City requests an extension of 30 business days and provides the following information in support of its request: The City’s Law Department is coordinating a response but the attorney who manages public record request review and response is out of the country ... until May 6, 2024. As the City’s Law Department is currently down a few attorneys, who have large litigation caseloads, this response cannot be delegated to another attorney at this time[.] I find that in light of the capacity of the City to produce the request without the extension, and efforts already undertaken by the City in fulfilling the request, the City has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The City is granted an extension of 30 business days. Conclusion As described above, I find the City has established good cause for a time extension of 30 business days.

Karen A. Fisher, Esq. SPR24/1215 Page 3 April 26, 2024 Please note, Ms. Ryley 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: Sarah Ryley