John M. Flick v. Winchendon, Town of - Police Department (SPR 20251694)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 18, 2025 SPR25/1694 Marla Watkins Executive Assistant Winchendon Police Department 80 Central Street Winchendon, MA 01475 Dear Ms. Watkins: On June 13, 2025, this office received your petition on behalf of the Winchendon Police Department (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, Attorney John M. Flick. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On May 8, 2025, Attorney Flick requested: [1] All Winchendon Police Department records of any interactions between any member of the Winchendon Police Department and any or all of the [four] named individuals, regardless of location within the Town of Winchendon. [2] Any and all records of any documented altercation(s) between any or all of the [four] named individuals, officer response and resulting outcome, regardless of location within the Town of Winchendon. [3] Any and all records of any 911 calls placed to the Winchendon Police Department involving any or all of the [four] named individuals, officer response and resulting outcome, regardless of the location within the Town of Winchendon. [4] Any and all Winchendon Police Department records of any incident whatsoever involving any or all of the [four] named individuals and any member/employee of the Winchendon Police Department. 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

Marla Watkins SPR25/1694 Page 2 June 18, 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 Town requests an extension of 10 business days and argues the following in support of its request: We cannot complete the request within (15) business days following our initial receipt or extension because the request unduly burdens the other responsibilities of our department due to the magnitude or difficulty of a request. There is good cause to grant this single extension based upon the following factors; The need to search for, collect, segregate or examine records, Body Camera and Cruiser Camera footage, 911 and phone recordings; the scope of redaction required; the capacity of the normal business hours of operation of the department and the efforts undertaken by the department to fulfill request. In light of the need to collect, segregate and examine the records, as well as the capacity of the Department to produce the records without an extension, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Department is granted an extension of 10 business days.

Marla Watkins SPR25/1694 Page 3 June 18, 2025 Conclusion As described above, I find that the Department has established good cause for a time extension of 10 business days. Please note, Attorney John M. Flick 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). Sincerely, Manza Arthur Supervisor of Records cc: Attorney John M. Flick