Dan McGlynn v. Shelburne Police Department (SPR 20251965)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 14, 2025 SPR25/1965 Gregory D. Bardwell Chief of Police Shelburne Police Department 623 Mohawk Trail Shelburne, MA 01370 Dear Chief Bardwell: On July 8, 2025, this office received your petition on behalf of the Shelburne 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, Dan McGlynn. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On July 7, 2025, Mr. McGlynn requested the following records: [1] All internal affairs investigation records, including but not limited to: civilian complaints, internal complaints or reports, disciplinary findings or actions taken, final investigation summaries or conclusions pertaining to all currently employed officers and the chief of the Shelburne Police Department[;] [2] All communications (including emails, letters, memoranda, and any other written or electronic correspondence) between the Chief of Police and officials from the Mohawk Trail Regional School District from January 1, 2023 to July 7, 2025 including but not limited to: The Superintendent, Members of the School Committee, School liaison officers (if applicable). 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: 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

Chief Gregory D. Bardwell SPR25/1965 Page 2 July 14, 2025 (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 Department requests “a reasonable extension to the mandated response timeframe due to the breadth and complexity of the materials being sought.” Subsequently in an email dated July 14, 2025, the Department requests “a 15-business day extension to the mandated response timeframe. . .” and provides the following information in support of its request: [We] request this extension to allow time for proper clarification, review, and production of responsive records, in accordance with applicable law. [T]he request includes two broad categories of records, both of which require a thorough review and potential redaction of exempt or sensitive information, including materials potentially subject to exemptions under the public records law (e.g., personnel and investigatory exemptions under G.L. c. 4, § 7(26)). 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 15 business days.

Chief Gregory D. Bardwell SPR25/1965 Page 3 July 14, 2025 Conclusion As described above, I find that the Department has established good cause for a time extension of 15 business days. Please note, Mr. McGlynn 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: Dan McGlynn