Herschler, Nathan v. Barnstable, Town of - Town Attorney (SPR 20260777)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 11, 2026 SPR26/0777 Allison M. Cogliano, Esq. Assistant Town Attorney Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Attorney Cogliano: On March 4, 2026, this office received your petition on behalf of the Town of Barnstable (Town) seeking an extension of time to produce records. See 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, I understand that the Town furnished a copy of this petition to the requestor, Nathan Herschler. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On January 28, 2026, Mr. Herschler requested, “all public records, including but not limited to emails, attachments, forwards, replies, calendar invites, and metadata, sent to, from, or copied on [identified email address].” Previous Petition This request was the subject of a previous petition from the Town. See SPR26/0492 Determination of the Supervisor of Records (February 18, 2026). In my February 18th determination, I found that the Town may assess an hourly rate limited to $69.39 for attorney review and redaction, but may not assess a fee in excess of $25.00 per hour for other tasks. Petition for an Extension of Time to Produce Records 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 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

Allison M. Cogliano, Esq. SPR26/0777 Page 2 March 11, 2026 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). Conclusion The Town submitted the current petition on March 4, 2026, more than twenty business days after receipt of the request. In light of the fact that the Town has not demonstrated it submitted a timely petition, an extension of time cannot be granted. 950 C.M.R. 32.06(4)(d). To the extent possible, the Town must provide responsive records on a rolling basis. Sincerely, Manza Arthur Supervisor of Records cc: Nathan Herschler