Richard Vacca v. Oxford, Town of - Police Department (SPR 20242258)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 16, 2024 SPR24/2258 Michael Daniels Chief of Police Oxford Police Department 503 Main Street Oxford, MA 01540 Dear Chief Daniels: On August 9, 2024, this office received the petition of Debra Light, on behalf of the Oxford 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, Richard Vacca. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On July 29, 2024, Mr. Vacca requested “A & B and other crimes (logs & reports, arrests) for [two identified individuals] from 2021- 2023.” 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. 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

Chief Michael Daniels SPR24/2258 Page 2 August 16, 2024 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 Department requests “an extension of 15 business days” and states, “[t]he timeframe is significant and lengthy. Numerous documents will require due diligence. Given the limitations on staff availability to complete the work, it will take the additional time I have requested.” Conclusion Based on the information provided in the Department’s August 9th petition, I find it is unnecessary to opine on the Department’s extension request. In this case, the Department intends to provide responsive records within twenty five (25) business days of the receipt of the request, as allowed in G. L. c. 66 § 10(b)(vi). See G. L. c. 66, § 10(b)(vi) (records access officer may identify a reasonable timeframe for producing records not to exceed 25 business days following initial receipt of the request). 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: Richard Vacca