Derrick Carter v. Oxford, Town of - Town Clerk (SPR 20241397)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 14, 2024 SPR24/1397 Michelle A. Jenkins Town Clerk Town of Oxford 325 Main Street Oxford, MA 01540 Dear Ms. Jenkins: On May 8, 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, Derrick Carter. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On April 24, 2024, Mr. Carter requested “[t]he history of the property [we] just purchased… [1] From the building departments: floor plans, site plans, inspections, everything possible…[;] [2] From the planning board/zoning: surveys, inspections, floor plans, site plans, inspections, approvals, meetings etc…[.] 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; 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 A. Jenkins SPR24/1397 Page 2 May 14, 2024 (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 Town requests an extension of 30 business days and provides the following information in support of its request: [T]he public records response will require considerable coordination between staff members to identify the necessary record repositories and thoroughly review pertinent records since the property has been numerous different types of businesses over the past 40 years. … [T]he expansive review of files and extensive research required by our municipal staff will require extra time in addition to their day-to-day responsibilities. Currently, several of the staff members from the above-mentioned departments must devote a significant amount of time to the upcoming Annual Town Meeting while working on their respective annual budgets. Furthermore, the Town Clerk’s Office is in the process of preparing for the upcoming Annual Town Election and is actively working on a myriad of vote by mail ballot requests from the voters of Oxford. 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, 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 30 business days.

Michelle A. Jenkins SPR24/1397 Page 3 May 14, 2024 Conclusion As described above, I find that the Town has established good cause for a time extension of 30 business days. Please note, Mr. Carter 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: Derrick Carter