Paul Healey v. Somerset, Town of (SPR 20242972)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 6, 2024 SPR24/2972 Mark Ullucci Town Administrator Town of Somerset 140 Wood Street Somerset, MA 02726 Dear Mr. Ullucci: On October 31, 2024, this office received your petition on behalf of the Town of Somerset (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, Paul Healy. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). In four (4) separate requests on October 11, 2024, October 22, 2024, October 23, 2024, and October 24, 2024, Mr. Healy presented 36 questions concerning the Town’s election processes. 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

Mark Ullucci SPR24/2972 Page 2 November 6, 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 twenty (20) days for each of the above requests” and provides the following information in support of its request: [D]ue to the impending election on November 5, 2024, [I] hereby request an extension of twenty (20) days for each of the above requests. … [T]he Clerk’s Office is comprised of two (2) individuals who are also the persons in charge of conducting the election for the Town. It would prove burdensome for the Clerk to both prepare for the election and attempt to respond to these requests. In an email to this Division on October 31, 2024, Mr. Healy objects to the Town’s petition seeking an extension of time, arguing “...[t]he delay could jeopardize the election integrity. The request relates to the election that the requested extension should not be granted. It is not expected that the document retrieval would be more than 30 minutes.” In light of the need to collect, segregate and examine 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 20 business days. Conclusion As described above, I find that the Town has established good cause for a time extension of 20 business days. Please note, Mr. Healy 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).

Mark Ullucci SPR24/2972 Page 3 November 6, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Paul Healy Arthur D. Frank, Jr., Esq., Law Offices of Arthur D. Frank, Jr.