Christian Tobin v. Dalton, Town of - Fire District (SPR 20250813)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 1, 2025 SPR25/0813 Melanie Roucoulet Treasurer/Clerk Dalton Fire District 20 Flansburg Avenue Dalton, MA 01226 Dear Ms. Roucoulet: On March 25, 2025, this office received your petition on behalf of the Dalton Fire District (District) seeking an extension of time to produce records, and relief from the obligation to produce responsive 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, I understand that the District furnished a copy of this petition to the requestor, Christian Tobin. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On February 22, 2025, Mr. Tobin requested eleven categories of records, concerning certain grants, funds, training records, reports, and email communications. In its petition, the District notes that “this petition regard[s] several public requests and appeals from Mr. Tobin,” and also that “in the past 7 months Mr. Tobin has sent in many public record requests.” On March 25, 2025, in an email to this office and the District, Mr. Tobin opposed the District’s petition. Previous Appeals This request has been the subject of a previous appeal. See SPR25/0750 Determination of the Supervisor of Records (March 26, 2025). In my March 26th determination, I found that the District must revise its fee estimate or provide further explanation of how the fees are consistent with G. L. c. 66, § 10(d). While SPR25/0750 was pending, the District submitted the present petition. Petitions 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

Melanie Roucoulet SPR25/0813 Page 2 April 1, 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) shall provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(b). Request for Additional Time to Produce Responsive Records and for Relief In its petition, the Town argues the following in support of its request for an extension of time and for relief from the obligation to produce records: In the past 7 months Mr. Tobin has sent in many public record requests, none which I have failed to comply with or have been unwilling to fill. I have sent Mr. Tobin good faith estimates on all of his requests; on the last request I did not have the available time in 10 days to breakdown by category the estimate. I am the Treasurer/Collector/Accountant/Clerk/HR and RAO for the Dalton Fire District. Due to the enormous size of the records request and the complexity it is impossible for me to complete all this work while also trying to complete my daily job. In Mr. Tobin’s appeal he stated that it is not his fault that I have other work to do. According to The guide to Massachusetts Public Record Law manual the public records request cannot take the capacity of the normal business hours of operations. . . . It is in my belief that Mr. Tobin keeps sending me all of these requests to harass or intimidate me which is a violation of the public records request law. Mr. Tobin

Melanie Roucoulet SPR25/0813 Page 3 April 1, 2025 is also looking for information from my hire including but not limited to my resume, application, training sessions and minutes to interview. In my view this would fall under Exemption C, giving out of those records is an invasion of my personal privacy. Mr. Tobin is also looking for information on our fire explorers who are minors and all reports will need to be redacted. When hired Mr. Tobin was made aware of some issues that we had with the prior Fire Chief and reasoning behind his termination. Mr. Tobin was asked to fix many of the issues that the ex-chief caused which he did not and now he is trying to use these reasons against us. I have several emails from Mr. Tobin to show you what he is doing. I am asking you to please stop Mr. Tobin from harassing me with these requests. All of the information that he is looking for is to try and discredit us as a fire department due to what an ex-terminated chief did. Many documents that Mr. Tobin is requesting are not available at The District due to the previous Chief destroying paperwork when terminated. Conclusion Upon review, the District submitted its petition on March 25, 2025, more than twenty business days after receipt of the request. In light of the fact the District has not demonstrated it submitted a timely petition, an extension of time and relief from the obligation to provide records cannot be granted. 950 C.M.R. 32.06(4)(d). To the extent possible, the District must provide responsive records on a rolling basis. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). The District and Mr. Tobin are advised, this office may deny an appeal if, in the opinion of the Supervisor of Records, the request is designed or intended to harass, intimidate, or assist in the commission of a crime. See 950 C.M.R. 32.08(2)(b)(2). Sincerely, Manza Arthur Supervisor of Records cc: Christian Tobin