Chris Kempf v. Springfield, City of (SPR 20242471)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 6, 2024 SPR24/2471 Jeremy Saint Laurent, Esq. First Associate City Solicitor City of Springfield Law Department 36 Court Street Springfield, MA 01103 Dear Attorney Saint Laurent: On August 30, 2024, this office received your petition on behalf of the City of Springfield (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 City furnished a copy of the petition to the requestor, Christopher Kempf. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On August 6, 2024, Mr. Kempf requested the following: [1.] Precinct 1B, page 2 [2.] Precinct 1D, page 1 [3.] Precinct 1G, page 1 [4.] Precinct 2B, page 1 [5.] I would also like to request precinct-detail reports for primary and general election results for the 1990, 1992, and 1994 elections, as well as the 1992 and 1996 Presidential primaries – the period of 1990-1996 is missing results on your website. 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 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

Jeremy Saint Laurent, Esq. SPR24/2471 Page 2 September 6, 2024 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). 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 requests “a thirty-day time extension to allow the City additional time to respond…” In support of its request, the City provides the following information: In addition to its usual departmental and public records request duties, the City of Springfield Elections Office is currently preparing for the upcoming September 3rd primary election. The Elections Office does not have adequate staff to search for the requested data and complete this request within the timeline provided by the applicable statute. In light of the need to collect the records, and 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 30 business days. Conclusion As described above, I find that the City has established good cause for a time extension of 30 business days. Please note, Mr. Kempf 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).

Jeremy Saint Laurent, Esq. SPR24/2471 Page 3 September 6, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Christopher Kempf