Anonymous Requester v. Oxford, Town of - Town Clerk (SPR 20241517)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 22, 2024 SPR24/1517 Michelle A. Jenkins Town Clerk Town of Oxford 325 Main Street Oxford, MA 01540 Dear Ms. Jenkins: On May 17, 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 Anonymous Requestor (“requestor”). G. L. c. 66, § 10(c); G. L.c. 66, § 10(d)(iv)(2). On May 11, 2024 and again on May 13, 2024, the requestor sought, “the unedited annual town meeting that took place on May 8th 2024.” 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 municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). 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 Jenkins SPR24/1517 Page 2 May 22, 2024 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 10 business days.” In support of its request the Town provides the following information: Aside from running the office on a day-to-day basis, the Town Clerk’s Office is currently in the process of preparing for the upcoming Annual Town Election scheduled for Tuesday, May 21, 2024. The office is also actively working on a myriad of vote by mail ballot returns from the voters of the Town of Oxford. In addition, [the Town is] still in the process of trying to finalize the meeting minutes from the May 8th Annual Town Meeting, which necessitated Attorney General Submissions. Furthermore, both requests are very vague and are unclear. In light of the need to collect the records and 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 10 business days. Conclusion As described above, I find that the Town has established good cause for a time extension of 10 business days. Please note, the requestor 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: Anonymous Requestor