Roxanne Gunther v. Monson, Town of - Town Clerk (SPR 20241393)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 15, 2024 SPR24/1393 Mary Watson Records Access Officer Town of Monson 110 Main Street Monson, MA 01057 Dear Ms. Watson: On May 8, 2024, this office received your petition on behalf of the Hanson Police Department (Department) seeking an extension of time to produce records. See 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 Department furnished a copy of this petition to the requestor, Roxanne Gunther. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On December 8, 2023, Ms. Gunther requested, “…any and all [emails] from the following departments, Town Administrator, all Select Board members (past and present), Town Counsel, Human Resources and the Building Department that have . . . May Hill Rd and IR Whitney Ave.” In a subsequent communication, Ms. Gunther clarified that the date range is from March 9, 2023 to December 8, 2023. Previous Appeals This request was the subject of previous appeals. See SPR24/0372 Determination of the Supervisor of Records (February 21, 2024) and SPR23/0667 Determination of the Supervisor of Records (March 15, 2024). In my March 15th determination, I ordered the Town to provide Ms. Gunther with a further response. Subsequently, the Town petitioned this office seeking an extension of time to furnish copies of the requested records. 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 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

Mary Watson SPR24/1393 Page 2 May 15, 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) 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). Conclusion The Town submitted its petition on May 8, 2024, more than twenty business days after receipt of the request, and more than ten business days after my March 15th determination. In light of the fact that the Town 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 Town must provide responsive records on a rolling basis. Sincerely, Manza Arthur Supervisor of Records cc: Roxanne Gunther