Gersaint Excellent v. Office of the Secretary of the Commonwealth - Administrative Services Division (SPR 20252321)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 14, 2025 SPR25/2321 Sofya Gray Records Access Officer Office of the Secretary of the Commonwealth Administrative Services Division One Ashburton Place, Room 1719 Boston, MA 02108 Dear Ms. Gray: On August 8, 2025, this office received a petition on behalf of the Administrative Services Division (Division) 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 Division furnished a copy of this petition to the requestor, Gersaint Excellent. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). In three separate requests on July 21, 2025, Gersaint Excellent requested: [1] [A] certified copy of the Oath of Office for the [19 identified] Suffolk County Superior Court Justices[;] [2] [A] certified copy of the Oath of Office for [7 identified] Supreme Judicial Court Justices[;] [3] [A] certified copy of the Oath of Office for [31 identified] Boston Municipal Court Justices[.] It is my understanding that the Division received these requests on July 22, 2025. 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

Sofya Gray SPR25/2321 Page 2 August 14, 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) shall provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(b). Request for Additional Time to Produce Responsive Records In its petition, the Division requests an extension of 20 business days and provides the following information in support of its request: The Division believes strongly in transparency. We acknowledge our obligation to respond to all public records requests in a prompt manner. However, due to the scope of the requests and the time required to gather all potentially responsive records, additional time is necessary to ensure thorough searches, accurate review, and proper redaction of the responsive records. In light of the need to collect, segregate and examine the records, as well as the capacity of the Division to produce the records without an extension, the Division has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The Division is granted an extension of 20 business days. Conclusion Accordingly, I find the Division has established good cause for a time extension of 20 business days as described above. Please note, Gersaint Excellent has the right to seek judicial review of this decision by

Sofya Gray SPR25/2321 Page 3 August 14, 2025 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: Gersaint Excellent