Jean Krulic v. Truro, Town of (SPR 20242489)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 9, 2024 SPR24/2489 Noelle Scoullar Town Clerk Town of Truro 24 Town Hall Road Truro, MA 02666 Dear Ms. Scoullar On September 4, 2024, this office received your petition on behalf of the Town of Truro (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 City furnished a copy of the petition to the requestor, Jean G. Krulic. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On January 21, 2024, Ms. Krulic requested 17 categories of records including, an identified case from the Town, whistleblower complaint, conclusions regarding possible land exchanges between the Town of Truro and the Cape Cod National Seashore, records pertaining to possible land swaps, records pertaining to an investigation regarding events at the polling place on May 9, 2023, records regarding an identified individual’s attempts to obtain alternate employment, records regarding quotes cited in the Provincetown Independent, and records of communications regarding the Town Manager’s performance. Previous Appeal This request was the subject of a previous appeal. See SPR24/1029 Determination of the Supervisor of Records (April 19, 2024). In my April 19th determination, I found that the Town must revise its fee estimate, or provide further explanation of how the fee assessed was consistent with the Public Records Law. Following further correspondence between the Town and Ms. Krulic, I understand Ms. Krulic paid the fees on August 23, 2024. Subsequently, the Town submitted the present petition on September 4, 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 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

Noelle Scoullar SPR24/2489 Page 2 September 9, 2024 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). 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). Conclusion The Town submitted the current petition on September 4, 2024, more than twenty business days after receipt of the request. In light of the fact the Town has not demonstrated it submitted a timely petition, an extension of time cannot be granted. 950 C.M.R. 32.06(4)(d). To the extent possible, the Town must provide responsive records on a rolling basis. Sincerely, Manza Arthur Supervisor of Records cc: Jean G. Krulic