Sarah L. Ryley v. Springfield, City of (SPR 20241292)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 3, 2024 SPR24/1292 Justin P. Morin Public Records Coordinator City of Springfield – Law Department 36 Court Street, Room 210 Springfield, MA 01103 Dear Mr. Morin: On April 29, 2024, this office received your petition on behalf of the City of Springfield (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, it is my understanding that the City furnished a copy of the 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 27, 2024, Ms. Ryley requested the following: [1.] Records that contain the policies and rates for police detail works [2.] Data on police detail assignments and invoices 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 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

Justin P. Morin SPR24/1292 Page 2 May 3, 2024 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). Conclusion The City submitted the current petition on April 29, 2024, more than twenty business days after receipt of the request. In light of the fact the City 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 City must continue to provide responsive records on a rolling basis. Sincerely, Manza Arthur Supervisor of Records cc: Sarah Ryley