Timothy Moriarty v. Oxford, Town of - Town Clerk (SPR 20242530)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 12, 2024 SPR24/2530 Michelle A. Jenkins Town Clerk Town of Oxford 325 Main Street Oxford, MA 01907 Dear Ms. Jenkins: On September 6, 2024, this office received your petition on behalf of the Town of Oxford (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 Town furnished a copy of the petition to the requestor, Timothy Moriarty. G. L. c. 66, § 10(c); G. L.c. 66, § 10(d)(iv)(2). On August 22, 2024, Mr. Moriarty requested, “any and all surveillance, camera recordings, audio and any other means of recording, in the 1st floor of the town hall. From 3pm on August 21st 2024 to 9pm August 21st 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 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

Michelle Jenkins SPR24/2530 Page 2 September 12, 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 Town requests, “an extension of 30 business days pertaining to a Public Records request.” In support of its request the Town provides the following information: Given the broad scope of the request, a substantial amount of staff time must be allocated to fulfill this request properly. In total, the recordings amount to over 40 hours of work. Our Media Production Coordinator must work with others to secure all recordings and verify that they are responsive to Mr. Moriarity’s request. The amount of review time required will be above and beyond the Coordinator’s day-to-day workload. Additionally, the Coordinator is preparing for an upcoming Special Town Meeting in the coming weeks and must provide support across pre-production, production, and post-production stages. The event will require a significant amount of the Coordinator’s time and resources. In light of the need to collect the records, as well as the capacity of the Town to produce the records without an extension, the Town has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Town is granted an extension of 30 business days. Conclusion As described above, I find that the Town has established good cause for a time extension of 30 business days. Please note, Mr. Moriarty 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).

Michelle Jenkins SPR24/2530 Page 3 September 12, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Timothy Moriarty