Cindy King v. Townsend, Town of - Town Clerk (SPR 20252416)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 19, 2025 SPR25/2416 Harrison C. Mayotte Town Clerk Town of Townsend 272 Main Street Townsend, MA 01469 Dear Mr. Mayotte: On August 15, 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, Cindy King. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On July 21, 2025, Ms. King requested “the minutes for each of the [36 identified] BOS meetings.” It is my understanding that on August 15, 2025, the Town produced 11 separate Select Board meeting minutes. Concurrently, the Town submitted the present petition for an extension of time to furnish the remainder of the records sought. 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 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 SPR25/2416 Page 2 August 19, 2025 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: The Town has already made significant progress in responding to this request and has issued multiple productions on a rolling basis, including a recent delivery of 11 separate Select Board meeting minutes today, August 15, 2025. We remain in good faith compliance with our obligations under G.L. c. 66, § 10, and 950 CMR 32.00. However, despite diligent ongoing effort, additional time is necessary to allow thorough records searches, ensure accuracy, and lawfully redact or withhold any exempt material where applicable. Our office is processing these records carefully and efficiently, while also handling core municipal responsibilities. The current request includes 36 separate meeting dates, with potential overlap across multiple boards, joint sessions, and versions. As such, the Town is committed to issuing further rolling responses as additional records are located, reviewed, and finalized for release. In light of the need to collect, segregate and examine the records, as well the efforts undertaken by the Town to fulfill the current request, 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. To the extent possible, the Town must continue to provide responsive records on a rolling basis.

Harrison C. Mayotte SPR25/2416 Page 3 August 19, 2025 Please note, Ms. King 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: Cindy King