Laura H. Ortiz v. Secretary of the Commonwealth-Administrative Services Division (SPR 20242352)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 27, 2024 SPR24/2352 Sofya Gray Records Access Officer Office of the Secretary of the Commonwealth Administrative Services Division One Ashburton Place, Room 1719 Boston, MA 02108 Dear Ms. Gray: On August 20, 2024, this office received a petition on behalf of the Administrative Services Division (Division) 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, I understand that the Division furnished a copy of this petition to the requestor, Laura Ortiz. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On July 25, 2024, Ms. Ortiz requested a “[c]opy of the INDEXED determinations referenced in the prior PRR. . . ” In emails to this office on August 20, and August 21, 2024, Ms. Ortiz objected to the Division’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 municipality; and 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

Sofya Gray SPR24/2352 Page 2 August 27, 2024 (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 Division requests an extension of 20 business days and provides the following information in support of its request: A staff member of the Division conducted a preliminary search, finding 632 responsive documents. [The Division is] currently reviewing the responsive records. However, given the volume of responsive documents, the Division will require additional time. Additionally, due to scheduled staff vacations the Public Records Division is currently operating with less staff than normal. Given the voluminous amount of responsive documents, as well as other reasons cited above, the Division is petitioning for an extension of 20 business days. This will ensure that the Division is able to properly respond to this request. I find that in light of the capacity of the Division to produce the request without the extension, and efforts undertaken by the Division in fulfilling the current request the Division has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The Division is granted an extension of 20 business days. Conclusion Accordingly, I find the Division has established good cause for a time extension of 20 business days as described above. Please note, Ms. Ortiz 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).

Sofya Gray SPR24/2352 Page 3 August 27, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Laura Ortiz