Marilyn Schairer v. Burlington, Town of - Town Clerk (SPR 20252657)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 12, 2025 SPR25/2657 Leo J. Peloquin, Esq. Norris, Murray & Peloquin, LLC. 315 Norwood Park South Norwood, MA 02062 Dear Attorney Peloquin: On September 9, 2025, this office received your petition on behalf of the Town of Burlington (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, Marilyn Schairer, of GBH News. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On August 22, 2025, Ms. Schairer requested “[a]ny email exchanges between the Burlington Library staff or the Burlington Library Board of Trustees regarding the termination of children’s librarian [identified individual], who was terminated August 7, 2025 for “misconduct.”” 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. 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

Leo J. Peloquin, Esq. SPR25/2657 Page 2 September 12, 2025 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 time of up to thirty (30) business days to respond to the . . . public records request . . .” and provides the following information in support of its request: [The Town] intends to provide you with any emails that it has in its possession, custody or control after redacting information exempt from disclosure under the Public Records Law. [I]n order to identify any responsive records, the Town must conduct searches of two (2) separate email systems to segregate and review emails to determine whether there are any such records and whether any record/portion of a record is exempt from disclosure. The task of finding, segregating, reviewing and redacting these records cannot reasonabl[y] be completed within the statutory timeframe. [T]his extension would also provide an opportunity for the Town and [you] to confer regarding the narrowing of [your] request to reduce the cost to both the Town and [you]. In light of the need to collect, segregate and examine the records, as well as the capacity of the Town to produce the records without an extension, 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 30 business days. Conclusion As described above, I find that the Town has established good cause for a time extension of 30 business days.

Leo J. Peloquin, Esq. SPR25/2657 Page 3 September 12, 2025 Please note, Ms. Schairer 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: Marilyn Schairer Jennifer Priest