Banana Nebula v. Townsend, Town of (SPR 20252107)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 22, 2025 SPR25/2094; SPR25/2100; SPR25/2103; SPR25/2107; SPR25/2111 Harrison C. Mayotte Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Mr. Mayotte: On July 17, 2025, this office received your petitions on behalf of the Town of Townsend (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 copies of the petitions to the requestor, Banana Nebula (requestor). G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). In five separate requests on June 18, 2025, the requestor sought: SPR25/2094 “[An identified individual’s] HR-compliance training certificates for 2023 – 2024.” It is my understanding that the Town assigned tracking number 2025-0216 to this request. SPR25/2100 “[E]xecutive session roll-call vote records showing [an identified individual’s] votes, Oct 2024 – June 2025.” It is my understanding that the Town assigned tracking number 2025-0214 to this request. SPR25/2103 “[E]mails between [an identified individual] and the Massachusetts Department of Revenue regarding FY 2025 tax rates.” It is my understanding that the Town assigned tracking number 2025-0213 to this request. 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

Harrison C. Mayotte SPR25/2094; SPR25/2100; SPR25/2103; Page 2 SPR25/2107; SPR25/2111 July 22, 2025 SPR25/2107 “[T]ravel-authorization forms signed by [an identified individual] for out-of-state trips during 2024.” It is my understanding that the Town assigned tracking number 2025-0215 to this request. SPR25/2111 “[A] copy of [an identified individual’s] warrant sheets signed during or around the time of Select Board meetings, Q1 2025.” It is my understanding that the Town assigned tracking number 2025-0220 to this request. In an email to the Town and this Office on July 21, 2025, the requestor objected to the Town’s petitions. 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. 36.06(4)(b).

Harrison C. Mayotte SPR25/2094; SPR25/2100; SPR25/2103; Page 3 SPR25/2107; SPR25/2111 July 22, 2025 Current Petitions In each of its petitions, the Town requests an extension of 30 business days and argues the following in support of its requests: Th[ese] request[s] [are] part of an extraordinarily high volume of public records requests submitted anonymously on June 18, 2025. Specifically, approximately 90 separate requests were submitted on that date, with 13 requests submitted by Banana Nebula alone, creating significant challenges in timely processing and responding in full compliance with statutory requirements. The Town takes public records seriously and believes strongly in transparency. We acknowledge our obligation under G.L. c. 66, § 10, and 950 CMR 32.00 to promptly respond to all public records requests. However, due to the unprecedented number of requests received simultaneously, additional time is necessary to ensure thorough searches, accurate review, and proper redaction (if necessary and lawful) of responsive records. The Town is committed to responding promptly and will issue rolling responses to the [requestor] as searches are conducted and responsive documents are identified. In light of the need to collect, segregate and examine the records, the capacity of the Town to produce the records without an extension as well as the efforts undertaken by the Town in fulfilling the current requests, the Town has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Town is granted an extension of 30 business days. Conclusion As described above, I find that the Town has established good cause for a time extension of 30 business days. Please note, the requestor 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: Banana Nebula