John Trask v. Department of Mental Health (SPR 20250489)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 21, 2025 SPR24/0489 Misael Garcia Records Access Officer Department of Mental Health 25 Staniford Street Boston, MA 02114 Dear Mr. Garcia: On February 19, 2025, this office received your petition on behalf of the Department of Mental Health (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, John Trask. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On November 6, 2024, Mr. Trask requested “[a]nonymized data showing the distribution of durations of mechanical restraints within state psychiatric hospitals … from January 2020 to the present[.]” Mr. Trask sought a further breakdown of the data for adolescent units (excluding months where policy prohibited use of mechanical restraints in adolescent units), adult continuing care units, and adult court evaluation units. Previous Appeals and Petition This request was the subject of prior appeals and time petition. See SPR24/3154 Determination of the Supervisor of Records (December 5, 2024); SPR24/3395 Determination of the Supervisor of Records (December 24, 2024); and SPR25/0006 Determination of the Supervisor of Records (January 15, 2025 and February 4, 2025). In my December 24th determination, I found that the Department had established good cause for a time extension of thirteen (13) business days. In my February 4th determination, I learned that the Department intended to provide additional responsive records to Mr. Trask. 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

Misael Garcia SPR25/0489 Page 2 February 21, 2025 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). Current Petition In its petition, the Department requests an extension of 13 business days. Conclusion Where I previously granted the Department an extension of time, I am unable to grant additional time. See SPR24/3395. To the extent possible, the Department must provide responsive records on a rolling basis. Sincerely, Manza Arthur Supervisor of Records cc: John Trask