Renee Mahler v. Department of Mental Health (SPR 20250962)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 15, 2025 SPR25/0962 Misael Garcia Records Access Officer Department of Mental Health 25 Staniford Street Boston, MA 02114 Dear Mr. Garcia: On April 8, 2025, this office received your petition on behalf of the Department of Mental Health (Department/DMH) 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, Renee Mahler. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On February 4, 2025, Ms. Mahler requested the following: [C]opies of organizational charts and all records related to any changes to those charts for Worcester Recovery Center and Hospital under the CEO[’s] . . . authority, including all organizational levels under [the CEO]. Specifically, I request the following specific to May 2022 through February 4th, 2025: [1] All organizational charts maintained by HR, IT (for example, charts shown in intra or external web pages and/or Microsoft Outlook/Exchange servers), or any other Worcester Recovery Center and Hospital department[;] [2] Any and all records documenting changes to these organizational structures, including but not limited to internal memos, reports, email communications, or other documentation reflecting modifications to organizational structure within any organization under the CEO. In an email to Ms. Mahler dated February 13, 2025, the Department stated, “DMH is still processing your request and will need additional time to respond to your request. Would you be agreeable to providing us with a two-week extension, making the response and responsive records due to you on March 4, 2025?” Ms. Mahler agreed to the extension in an email to the Department on the same date. 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 SPR25/0962 Page 2 April 15, 2025 In email dated February 21, 2025, regarding Item 2 of the request, the Department stated that it conducted a search for responsive records that “yielded 344 emails.” The Department explained, “[t]his volume of records will place a burden on DMH staff to comb through and would create a significant delay in providing records in a timely manner” and asked Ms. Mahler to “consider narrowing the timeline of [her] request down to a year, as opposed to the three years . . . included in the search.” Following additional correspondence, in an email dated February 24, 2025, Ms. Mahler indicated that she would “prefer to receive the emails[.]” In an email on the same date, the Department again asked Ms. Mahler to consider narrowing her request. In an email responding to the Department also on the same date, Ms. Mahler modified Item 2 of her request and stated, “[p]erhaps IT could provide a high-level spreadsheet containing the basic metadata for the emails (i.e., columns for to/from/cc and bcc; date sent, subject text).” Following the modification, in an email dated March 3, 2025, the Department requested “an additional 10 business day extension, making the response and responsive records due . . . on March 14, 2025[.]” Ms. Mahler agreed to the extension in an email to the Department on March 4, 2025. Following this correspondence, the Department responded on March 12, 2025, providing multiple responsive records. Previous Appeal This request was the subject of a previous appeal. See SPR25/0720 Determination of the Supervisor of Records (March 26, 2025). In my March 26th determination, I ordered the Department to clarify whether it possessed additional records responsive to Item 1 of Ms. Mahler’s request. I further found that the basis of Ms. Mahler’s appeal regarding Item 2 of her request was unclear. Subsequently, the Department submitted the present petition on April 8, 2025. 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.

Misael Garcia SPR25/0962 Page 3 April 15, 2025 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). Conclusion The Department submitted the current petition on April 8, 2025, more than twenty business days after receipt of Ms. Mahler’s February 24, 2025, modification to Item 2 of her request. In light of the fact that the Department has not demonstrated it submitted a timely petition, an extension of time cannot be granted. 950 C.M.R. 32.06(4)(d). To the extent possible, the Department must provide responsive records on a rolling basis. Sincerely, Manza Arthur Supervisor of Records cc: Renee Mahler