Maria Venus v. Maynard, Town of - Office of the Town Clerk (SPR 20253211)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 6, 2025 SPR25/3211 Melissa L. Pelletier Town Clerk Town of Maynard 195 Main Street Maynard, MA 01745 Dear Ms. Pelletier: On October 31, 2025, this office received the petition of Elizabeth Lydon, Esq., of Mead Talman & Costa, on behalf of the Town of Maynard (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, Maria Venus, of Edge Point. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On October 16, 2025, Ms. Venus requested: [1] An accounting of all outstanding and returned checks in the amount of $100.00 or more which remain stale and/or remain outstanding from 1-1-21 to present. Field Values requested: Payee name, date and/or year, amount, check number and address[;] [2] An accounting of all cash bonds which remain in escrow posted from 1990 to present for new construction and/or maintenance for: roads, right of way, sidewalk, lighting, grading, soil erosion, retention pond, temporary trailer, pools, subdivision etc. Field Values requested: Payee name, date, amount, receipt and/or permit number, project name/description to include tract number if possible. 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: 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

Melissa L. Pelletier SPR25/3211 Page 2 November 6, 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). Current Petition In its petition, the Town requests an “extension to the maximum time allowable to a municipality under G.L. c. 66, § 10(c) and 950 CMR 32.06(4)(e), thirty (30) days, or to a longer amount of time if the Supervisor deems it appropriate[,]” and provides the following in support of its request: The Town’s Treasurer who is the custodian of the financial records responsive to this request is currently out of the office due to pre-scheduled vacation. The Treasurer’s direct involvement is required to locate, verify, and reconcile several categories of records, including outstanding and returned checks, escrow deposits, and associated accounting documentation. The Town anticipates the Treasure[r]’s return within the extension period and expects to resume record retrieval upon her return. The requested records are not maintained in a single electronic or searchable database. Instead, they exist across multiple formats including archived paper files. Each record must be manually identified, cross referenced, and reconciled to ensure accuracy and completeness. This process requires significant staff time. Prior to disclosure, the records must be reviewed to identify and redact personal banking information, account numbers, and other confidential financial identifiers exempt under G.L. c. 4, § 7(26)(a) and (c).

Melissa L. Pelletier SPR25/3211 Page 3 November 6, 2025 In light of the need to collect, segregate and examine the records and the capacity of the Town to produce the request without the extension, 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 30 business days. Conclusion As described above, I find the Town has established good cause for a time extension of 30 business days. Please note, Ms. Venus 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: Maria Venus Elizabeth Lydon, Esq.