Banana Nebula v. Townsend, Town of (SPR 20252110)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 22, 2025 SPR25/2110 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 petition 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 a copy of the petition to the requestor, Banana Nebula (requestor). G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). In three separate requests on June 18, 2025, the requestor sought an identified individual’s desk-phone call logs for the period December 1 to December 31 in the years 2023, 2024, and 2025. It is my understanding that the Town assigned tracking numbers 2025-0217, 2025-0218, and 2025-0219 to these requests. In an email to the Town and this Office on July 21, 2025, the requestor objected to the Town’s petition. 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; 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 SPR25/2110 Page 2 July 22, 2025 (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 30 business days and argues the following in support of its request: These three requests were submitted simultaneously on June 18, 2025, by the same requestor, Banana Nebula, as part of a broader submission of approximately 90 separate public records requests received by the Town on that date. The nine (9) submitted by this individual alone contribute significantly to an extraordinarily high volume that has created substantial administrative burden and challenges in timely compliance with G.L. c. 66, § 10 and 950 CMR 32.00. While the Town is committed to transparency and timely public access to records, the volume and nature of the requests necessitate additional time to perform thorough record searches, conduct any necessary technical retrievals, and ensure the review and lawful redaction of any sensitive information that may appear in responsive call logs. Due to the historic number of concurrent submissions, the Town is processing these requests in rolling fashion and will issue responsive records as they become available. 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.

Harrison C. Mayotte SPR25/2110 Page 3 July 22, 2025 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