David Nathanson v. Department of State Police (SPR 20242899)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 28, 2024 SPR24/2899 Allison Mondello Public Records Manager Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: On October 22, 2024, this office received the petition of Kevin Marshall, on behalf of the Department of State Police (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, David Nathanson, Esq. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On October 7, 2024, Attorney Nathanson requested: [1.] [A]ll records, including investigative records, pertaining to the following [9 identified] deceased individuals[;] [2.] [P]ublic records regarding these deceased MSP employees. This request is only for records relating (1) [an identified individual], and (2) any internal affairs records relating to these individuals[.] [3.] [P]hysically inspect the file regarding [a specified] case. 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; 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

Allison Mondello SPR24/2899 Page 2 October 28, 2024 (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). Current Petition In its petition, the Department requests “an additional 20 business days to respond to this request[,]” and provides the following information in support of its request: Due to the scope of this request, high volume of potentially responsive records, and the time required to gather all potentially responsive records, we are seeking an additional 20 business days to respond to this request. In light of the need to collect, segregate and examine the records, as well as the capacity of the Department to produce the records without an extension, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Department is granted an extension of 20 business days. Conclusion As described above, I find that the Department has established good cause for a time extension of 20 business days. Please note, Attorney Nathanson 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).

Allison Mondello SPR24/2899 Page 3 October 28, 2024 Sincerely, Manza Arthur Supervisor of Records cc: David Nathanson, Esq.