Dana Hourigan v. Mansfield, Town of - Town Clerk (SPR 20252149)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 28, 2025 SPR25/2149 Barry LaCasse Assistant Town Manager Town of Mansfield 6 Park Row Mansfield, MA 02048 Dear Mr. LaCasse: On July 21, 2025, this office received the petition of Leo J. Peloquin, Esq., on behalf of the Town of Mansfield (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, Dana Hourigan. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On April 1, 2025, Ms. Hourigan requested, “the full report related to the Dumas v. Doherty case.” Prior Appeals and In Camera Review This request was the subject of prior appeals and an in camera review. See SPR25/1030 Determination of the Supervisor of Records (April 30, 2025) and SPR25/1400 Determinations of the Supervisor of Records (June 2, 2025; July 14, 2025). In my July 14th determination, I ordered the Town to review the responsive records, redact where necessary, and provide the records to Ms. Hourigan within ten business days. Subsequently, the Town submitted the present petition. In an email to the Town and this Office on July 22, 2025, Ms. Hourigan objected to the Town’s 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: 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

Barry LaCasse SPR25/2149 Page 2 July 28, 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). Present Petition In its July 21, 2025 petition, the Town requests an extension of 5 business days, and provides the following information in support of its request: Compliance with your Order will require a review of the 238 pages in the Investigation Report, un-redacting some information and a submission that provides more detail for any information that remains redacted. I find that in light of the need to segregate and examine the records, the scope of redaction required to prevent unlawful disclosure, 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 5 business days. Conclusion Accordingly, I find the Town has established good cause for a time extension of 5 business days as described above.

Barry LaCasse SPR25/2149 Page 3 July 28, 2025 Please note, Ms. Hourigan 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: Dana Hourigan Leo J. Peloquin, Esq.