Joseph Smith v. Shelburne, Town of - Town Clerk (SPR 20252066)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 18, 2025 SPR25/2066 Donna L. MacNicol, Esq. Town Counsel Town of Shelburne 393 Main Street P. O. Box 985 Greenfield, MA 01302 Dear Attorney MacNicol: On July 16, 2025, this office received your petition on behalf of the Town of Shelburne (Town) 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 Town furnished a copy of the petition to the requestor, Joseph Smith. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On May 16, 2025, Mr. Smith requested: [1] [A]ll communications sent to the Town of Shelburne, including its police department, from the MTRS school/district, anyone claiming to represent the district, as well as any member of the public since 12/01/24 to the date of this request that related to or referred to [an identified individual], whether he was named directly or was referred to indirectly[;] [2] [A]ll internal communications within the Town of Shelburne, including its police department, from 12/01/24 to the date of this request that related to or referred to [an identified individual], whether he was named directly or referred to indirectly[;] [3] [A]ll communications made by the Town of Shelburne, including its police department, to any person(s) or entities since 12/01/24 to the date of this request that related to or referred to [an identified individual], whether he was named directly or referred to indirectly. Prior Appeals This request was the subject of prior appeals. See SPR25/1616 Determination of the Supervisor of Records (June 13, 2025) and SPR25/1766 Determination of the Supervisor of 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

Donna L. MacNicol, Esq. SPR25/2066 Page 2 July 18, 2025 Records (July 2, 2025). In my July 2nd determination, I found that the Town had not met its burden to withhold responsive records in their entirety under the attorney-client privilege and Exemptions (a) and (c) of the Public Records Law. Subsequently, the Town submitted the present petition. Petitions 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. 36.06(4)(b). Present Petition In its July 16, 2025 petition, the Town requests an extension of 30 days, and provides the following information in support of its request: The Town of Shelburne is working on the response to Mr. Smith that will [be] consistent with your Order. But the Town must [g]o through hundreds of emails to specifically address each exemption they are claiming and explaining. . . .

Donna L. MacNicol, Esq. SPR25/2066 Page 3 July 18, 2025 Therefore, the Town is requesting an additional 30 days to get Mr. Smith the response. Mr. Smith has been given all but two of the documents in his request to the Selectboard and 53 documents to date in his request to the Police Department. I find that in light of the need to search for, collect, segregate and examine the records, the capacity of the Town to produce the request without the extension, and efforts undertaken by the Town in fulfilling the current request, the Town has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The Town is granted an extension of 30 business days. Conclusion Accordingly, I find the Town has established good cause for a time extension of 30 business days as described above. Please note, Mr. Smith 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: Joseph Smith Terry Narkewicz