Ada Zhong v. Westwood, Town of - Clerk's Office (SPR 20252268)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 8, 2025 SPR25/2268 Molly Fitzpatrick Deputy Town Administrator Town of Westwood Town Hall 580 High Street Westwood, MA 02090 Dear Ms. Fitzpatrick: On August 4, 2025, this office received your petition on behalf of the Town of Westwood (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, Ada Zhong. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On June 27, 2025, Ms. Zhong requested the following records: [1] Documents detailing the measurements of rooms/areas for the proposed Fire Station 1 project[;] [2] Behavioral Healthcare Services Agreement (June 2023 Select Board Public Hearing, Agenda Item #9976) and the most recent financial statement for the account designated to pay the service fee[;] [3] Employment Agreements for FY26-28 for the Deputy Town Administrator and Finance Director/Treasurer/Collector (June 2023 Select Board Public Hearing, Agenda Item #9977)[;] [4] Personnel Policies (June 2023 Select Board Public Hearing, Agenda Item #9979)[;] [5] Home2Hotel Tax Increment Financing (TIF) Agreement (June 2023 Select Board Public Hearing, Agenda Item #9980) and the most recent financial statement for the account designated for fund transfers[;] 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

Molly Fitzpatrick SPR25/2268 Page 2 August 8, 2025 [6] The most recent financial statement of ARPA funds, as referenced on page 3 of the June 23, 2025, Westwood Select Board Fire Station 1 (FS1) Presentation[;] [7] The most recent financial statement for the account that paid or will pay the $97,000 ZBA Appeal Settlement[;] [8] Reports showing actual call volumes for the highest volume call areas, as indicated on pages 5-7 of the June 23, 2025, Westwood Select Board Fire Station 1 (FS1) Presentation. 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). Current Petition In its petition, the Town requests “an additional 30 business days to respond to the following public records request” and provides the following information in support of its request:

Molly Fitzpatrick SPR25/2268 Page 3 August 8, 2025 [D]ue to the resignation of the Town Administrator in July, staff have been focused on knowledge transfer and transition planning. The team is currently operating without a senior staff member, limiting capacity to address time- intensive tasks. Additionally, the request is broad in scope – covering eight distinct sections – and requires extensive coordination across multiple departments. More time is needed to compile, review, and respond appropriately to the full breadth of the request. In an email to this Division on August 5, 2025, Ms. Zhong objects to the Town’s petition for an extension of time, arguing, “my request includes eight clearly defined items, each of which should be readily accessible to the appropriate departments. . .the Town has sufficient staff across multiple departments capable of fulfilling this request within the existing statutory timeframe. Most of the requested records are routine administrative or financial documents or were already prepared for public presentations and meetings.” Conclusion The Town submitted its petition on August 4, 2025, more than twenty business days after receipt of the request. In light of the fact the Town has not demonstrated it submitted a timely petition, an extension of time cannot be granted. 950 C.M.R. 32.06(4)(d). To the extent possible, the Town must provide responsive records on a rolling basis. Sincerely, Manza Arthur Supervisor of Records cc: Ada Zhong