John Femino v. Salem, City of - Legal Department (SPR 20250979)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 15, 2025 SPR25/0979 Joanne M. Roomey Records Access Officer Legal Department City of Salem 93 Washington Street Salem, MA 01970 Dear Ms. Roomey: On April 10, 2025, this office received your petition on behalf of the City of Salem (City) 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 City furnished a copy of the petition to the requestor, John Femino. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On April 4, 2025, Mr. Femino requested the following: [1] …all records including but not limited to: emails, letters, correspondence, meetings, notes, inspections, etc. related to [identified statement][;] [2] …any similar records from the planning, zoning, ZBA, conservation for any new records from 2 weeks ago moving forward regarding 106 Broadway – Clover St, including but not limited, communication from any city agent with the owner of 106, or his agents[.] 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 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

Joanne M. Roomey SPR25/0979 Page 2 April 15, 2025 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 City requests, “an additional 20 business days…” and provides the following information in support of its request: I am on vacation this week and will research his request next week. The City of Salem intends to produce any applicable records being sought though will need an additional 20 business days from the initial receipt of Mr. Femino’s request, therefore, we are asking for an extension until May 2, 2025. In light of the need to collect, segregate, and examine the records, as well as the capacity of the City to produce the records without an extension, the City has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The City is granted an extension of 20 business days for these requests. Conclusion As described above, I find that the City has established good cause for a time extension of 20 business days. Please note, Mr. Femino 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).

Joanne M. Roomey SPR25/0979 Page 3 April 15, 2025 Sincerely, Manza Arthur Supervisor of Records cc: John Femino