Altin Berxhiku v. Billerica, Town of - Police Department (SPR 20241502)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 23, 2024 SPR23/1502 Andrew J. Devito Sergeant | Records & Scheduling Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Devito: On May 17, 2024, this office received your petition on behalf of the Billerica 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, Altin Berxhiku. G. L. c. 66, § 10(c); G. L.c. 66, § 10(d)(iv)(2). From May 6, 2024 through May 16, 2024, Mr. Berxhiku submitted 20 public records requests. In emails to this office and the Department Mr. Berxhiku objects to the Department’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 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

Sergeant Andrew J. Devito SPR24/1502 Page 2 May 23, 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) 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). Request for Additional Time to Produce Responsive Records In its petition, the Department requests “an additional twenty-five (25) days.” In support of its petition, the Department provides the following information: Since May 6, 2024 Mr. Berxhiku has sent over fifty emails to [the Department] totaling over twenty inquires/requests. Additional emails include derogatory commentary by Mr. Berxhiku regarding responses to past inquiries or record responses. In addition to serving the department as the Records Access Officer and fulfilling other public records requests, the records and scheduling office duties also include Firearms Licensing, scheduling vendors and assigning officers to paid private details, and compiling and sending all court discovery to the district attorney’s office for case preparation. Based on the information provided in the Department’s petition, I find that in light of the capacity of the Department to produce the records without an extension, as well as efforts undertaken by the Department in fulfilling the current request and previous requests, 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 25 business days. Conclusion As described above, I find the Department has established good cause for a time extension of 25 business days. Please note, Mr. Berxhiku 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).

Sergeant Andrew J. Devito SPR24/1502 Page 3 May 23, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Altin Berxhiku