Kade Crockford v. Braintree, Town of - Police Department (SPR 20251896)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 8, 2025 SPR25/1896 Deputy Chief Michael R. Moschella Braintree Police Department 282 Union Street Braintree, MA 02184 Dear Deputy Chief Moschella: On July 1, 2025, this office received your petition on behalf of the Braintree 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, Kade Crockford. On June 25, 2025, Ms. Crockford requested the following: Records created on or after January 1, 2023, unless another time period is otherwise specified pertaining to the use of license plate readers and the Braintree Police Department’s (“BPD”) use of Flock Safety technology: [1] Contracts, agreements, budget documents, and invoices documenting BPD use of Flock Safety technology and any other license plate reader technology[;] [2] Training materials pertaining to Flock Safety technology, including its cameras and database systems[;] [3] Flock Organization Audits, documenting all searches of license plate reader data conducted by officials in Braintree[;] [4] Flock Network Audits, documenting all searches of license plate reader data conducted by entities outside Braintree[;] [5] All records of communication mentioning license plate readers or Flock Safety technology, including emails and text messages; and [6] Any BPD policy or procedures describing how license plate reader data is collected, processed, accessed, used, and/or shared. 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

Deputy Chief Michael R. Moschella SPR25/1896 Page 2 July 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. 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. 32.06(4)(b). Request for Additional Time to Produce Responsive Records In its petition, the Department requests “[a]n extension of time to furnish the requested records.” Subsequently in an email dated July 8, 2025, the Department states that it is “[a]sking for 15 additional business days which would mean a July 31st due date[,]” and provides the following information supporting its request: [T]his department has employees on vacation this week (Fourth of July) that would be needed to complete requests #’s 1-4. Therefore, due to the magnitude of the request, and subject matter employees being away from the office, I respectfully petition the Supervisor of Public Records for an extension of time to furnish the requested records.

Deputy Chief Michael R. Moschella SPR25/1896 Page 3 July 8, 2025 Conclusion In light of the Department’s petition, I find it is unnecessary to opine on the Department’s extension request because it intends to provide responsive records within twenty five (25) business days of the receipt of the request as allowed in G. L. c. 66 § l0(b)(vi). The Department is advised it must seek another petition for extension if it cannot provide responsive records within twenty five (25) business days of the receipt of the request. G. L. c. 66 § l0(c). The records must be provided in a manner consistent with the Public Records Law and its Regulations. Ms. Crockford may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Please note, Ms. Crockford 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(d)(iv)(4),10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Kade Crockford