Jake Elder v. Pittsfield, City of (SPR 20253686)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 22, 2025 SPR25/3686 Hannah M. Nawa Legal Assistant Office of the City Solicitor City of Pittsfield 70 Allen Street Pittsfield, MA 01201 Dear Ms. Nawa: On December 15, 2025, this office received your petition on behalf of the City of Pittsfield (City) 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 City furnished a copy of the petition to the requestor, Jake Elder. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On December 1, 2025, Mr. Elder requested the following: [1] [A]ny public records that include information regarding miscellaneous oil and hazardous materials (MOHM) storage/usage that the City may have for the property. These records such as the presence of storage tanks of MOHM (both underground and above-ground), spills or releases of MOHM, the presence of ponds, pits, lagoons, or septic system systems, and community complaints/incidents[;] [2] …the same for the following [seventeen identified] addresses[;] 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; 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

Hannah M. Nawa SPR25/3686 Page 2 December 22, 2025 (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 City requests an extension of 30 business days and provides the following in support of its request: On December 12, 2025, the City provided a portion, but not all, of the available records for this request. Due to the expansive list of properties requested, some of the documents have not been digitized and will require additional work to locate, review, and scan documents from the Conservation Department. On December 15, 2025, the City contacted Mr. Elder regarding the request for an extension. Mr. Elder is in agreement with the deadline being extended. I find that in light of the need to search for, collect, segregate and examine the records and the efforts undertaken by the City in fulfilling the current request, the City has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The City is granted an extension of 30 business days. Conclusion As described above, I find that the City has established good cause for a time extension of 30 business days.

Hannah M. Nawa SPR25/3686 Page 3 December 22, 2025 Please note, Mr. Elder 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: Jake Elder