Edward D. Shoulkin v. Canton, Town of - Police Department (SPR 20241371)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 10, 2024 SPR24/1371 Patricia A. Sherrill Deputy Police Chief Canton Police Department 1492 Washington Street Canton, MA 02021 Dear Ms. Sherrill: On May 6, 2024, this office received your petition on behalf of the Canton Police Department (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, it is my understanding that the Department furnished a copy of the petition to the requestor, Attorney Edward D. Shoulkin, of Barton Gilman Law. G. L. c. 66, § 10(c); G. L.c. 66, § 10(d)(iv)(2). On April 23, 2024, Attorney Shoulkin requested, “all records, statements, reports, affidavits, photos, videos, call logs, dispatch records, personal notes, correspondence, emails, text messages, social media communications, communications, reports and notes from responding officers and any other person, including without limitation [an identified individual] and all other documents and things concerning and/or relating to the actual or attempted repossession of [an identified individual’s vehicle] near ... Andrea Drive, Canton, MA on or around December 1, 2022.” 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; 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

Patricia A. Sherrill SPR24/1371 Page 2 May 10, 2024 (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 Department requests, “an extension of five (5) business days to comply with this request.” In support of its request the Department provides the following information: The Canton Police Department was in receipt of a records request dated 4/23/2024. The request was for information related to an event dating back to December 1, 2022. [A specified officer] from the Canton Police Department has all the information being requested. It is stored electronically on his computer. He has been unavailable since we received this public records request as he has been preparing for his testimony in [a] trial. We are expecting his testimony to be done with by the end of this week. In light of the need to collect and examine the records, and the capacity of the Department to produce the records without an extension, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Department is granted an extension of 5 business days. Conclusion As described above, I find that the Department has established good cause for a time extension of 5 business days. Please note, Attorney Shoulkin 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).

Patricia A. Sherrill SPR24/1371 Page 3 May 10, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Edward D. Shoulkin, Esq.