Phipps, Shawn v. Salem, City of - Mayor's Office (SPR 20261484)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 27, 2026 SPR26/1484 Joanne M. Roomey Records Access Officer Legal Department City of Salem 93 Washington Street Salem, MA 01970 Dear Ms. Roomey: On April 21, 2026, this office received your petition on behalf of the City of Salem (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, Shawn Phipps. G. L. c. 66, § 10(c); G. L.c. 66, § 10(d)(iv)(2). On March 21, 2026, Mr. Phipps requested, “all public records in the possession or control of the City of Salem (including any departments, offices, or agents) that relate to towing contracts, agreements, rotation lists, or towing services.” 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 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

Joanne M. Roomey SPR26/1484 Page 2 April 27, 2026 (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). Request for Additional Time to Produce Records In its petition, the City requests “additional time to produce responsive records…” In support of its request the City provides the following information: An additional 30-day extension is necessary due to the scope of the request, which spans from January 1, 2018 to the present and requires coordination across multiple City departments. In particular, the correspondence category has generated a significant volume of potentially responsive email records, including daily automated police reporting system entries captured by relevant search terms. The City of Salem is working to identify, review, and segregate responsive records from non-responsive material, and has asked the requester to narrow this category if possible. In light of the need to collect and examine the records, and the capacity of the City to produce the records without an extension, the City has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). The City is granted an extension of 30 business days. Conclusion Accordingly, I find that the City has established good cause for a time extension of 30 business days as described above. Please note, Mr. Phipps 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).

Joanne M. Roomey SPR26/1484 Page 3 April 27, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Shawn Phipps