Colin T. Barrett v. Ashland, Town of - Office of the Town Clerk (SPR 20242903)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 29, 2024 SPR24/0903 Cindy Livingstone Town Clerk Town of Ashland 101 Main Street Ashland, MA 01721 Dear Ms. Livingstone: On October 23, 2024, this office received your petition on behalf of the Town of Ashland (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, Colin T. Barrett, Esq., of Nelson Mullins Riley & Scarborough LLP. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On October 10, 2024, Attorney Barrett sought the following: [R]ecords created and or maintained by the Town of Ashland (the “Town”), as described below, in connection with the G.L. c.40B development known as [an identified development]. . . . The Property: [An identified lot] in the Ashland Rail District, MBTA Access Road. . . The Project: [an identified development] Records Requested: [1] All communications (electronic or otherwise) between the Town and any of the following individuals or entities concerning the proposed development known as [an identified development] (the “Project”), proposed to be located at [an identified lot] in the Ashland Rail District, MBTA Access Road . . . (collectively the “Property”): [a] [Nine identified companies][;] [b] Attorneys from [an identified law firm] . . . including but not limited to [seven identified attorneys][;] [c] [An identified attorney][;] 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

Cindy Livingstone SPR24/2903 Page 2 October 29, 2024 [2] All documents submitted to the Town on behalf of any of the individuals and entities identified above in connection with the Project or Property[;] [3] All minutes from the meetings of any Town of Ashland Board, Committee or Annual or Special Town Meeting concerning the Project or the Property[;] [4] All minutes, notes, drafts, memoranda or the like produced in connection with any meeting held between the individuals and entities identified above and the Town[;] [5] All drafts and officially submitted copies of the Local Initiative Program application submitted or reviewed in connection with the Project or the Property[;] [6] All Development Agreements executed by and between the Town of Ashland, [an identified company] and [an identified company]. . . .[;] [7] In September and November 2023, you provided records responsive to a Public Records Request dated August 15, 2023. Said records contain email through August 8, 2023. To the extent possible, please provide records not previously provided and particularly email in native format (i.e. .msg) from only August 8, 2023, through to the present. In an email to this office and the Town dated October 23, 2024, Attorney Barrett objected to the Town’s petition. 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. 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.

Cindy Livingstone SPR24/2903 Page 3 October 29, 2024 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). Request for Additional Time to Produce Responsive Records In its October 23rd petition, the Town requests “an extension per G.L. c. 66 §10(c) of 20 business days.” In support of its request, the Town states that “given the time needed to search and review responsive records for this, it is estimated that it will take the Town longer than the 10 business days allowed by the Public Records Law.” The Town further states, “[t]his request will take up a significant amount of staff resources.” Based on the Town’s petition, I find that in light of the need to search for, collect, and examine the records and the capacity of the Town to produce the request without the 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 20 business days. Conclusion Accordingly, I find the Town has established good cause for a time extension of 20 business days as described above. Please note, Attorney Barrett 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). Sincerely, Manza Arthur Supervisor of Records cc: Colin T. Barrett, Esq.