Municipal Watchers v. Lawrence, City of - Office of the City Clerk (SPR 20242130)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 2, 2024 SPR24/2130 Eileen O’Connor Bernal City Clerk City of Lawrence 200 Common Street, Room 107 Lawrence, MA 01840 Dear Ms. Bernal: On July 26, 2024, this office received your petition on behalf of the City of Lawrence (City) 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 College furnished a copy of the petition to the requestor, Municipal Watchers (”requestor”). G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On July 9, 2024, the requestor sought seven categories of records pertaining to “every financial-related evidence transaction that [an identified individual] was involved with, witnessed, or conducted on behalf of the Lawrence Police Department during the calendar year 2023[.]” Open Appeal This request is currently the subject of an appeal. See SPR24/2119. A determination will be issued separately within ten business days of receipt of the appeal. On July 25, 2024, the City produced records responsive to categories one, two, three and five of the request. Concurrently, the City submitted the petition, which is the subject of this determination for categories four, five and seven. 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: 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

Eileen O’Connor Bernal SPR24/2130 Page 2 August 2, 2024 (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. 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 City “request[s] for an extension of an additional 20 business days” and provides the following information in support of its request: There are a few items that the City still needs from our treasurer and/or the finance department. We believe this request for time is reasonable, especially since the petitioner now has the bulk of the requested information. In light of the efforts previously undertaken by the City in fulfilling the current request, as well as the capacity of the City to produce the records without an extension, the City has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The City is granted an extension of 20 business days. Conclusion Accordingly, I find the City has established good cause for a time extension of 20 business days as described above. 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).

Eileen O’Connor Bernal SPR24/2130 Page 3 August 2, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Municipal Watchers