Palches, Peter v. Oak Bluffs, Town of - Town Administrator (SPR 20261498)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 23, 2026 SPR26/1498 Wendy Brough Acting Town Administrator Town of Oak Bluffs 56 School Street Oak Bluffs, MA 02557 Dear Ms. Brough: On April 21, 2026, this office received your petition on behalf of the Town of Oak Bluffs (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, I understand that the Town furnished a copy of this petition to the requestor, Peter Palches. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On March 16, 2026, Mr. Palches requested, “[c]opies of bills from Town Counsel to the Town of Oak Bluffs for services provided from January 1024 [sic] until the present, including any and all wording describing the topics covered and the type of legal services provided.” On March 24, 2026, Mr. Palches further clarified that he was “not restricting [his] request to one property” and “asked for all the invoices.” Prior Appeal This request was the subject of a prior appeal. See SPR26/1145 Determination of the Supervisor of Records (April 8, 2026). In my April 8th determination, I ordered the Town to clarify whether it possesses additional records responsive to Mr. Palches’ request. Subsequently, the Town petitioned this office on April 21, 2026, seeking an extension of time to produce additional responsive records. 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

Wendy Brough SPR26/1498 Page 2 April 23, 2026 (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) 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). Current Petition In its petition, the Town requests “an extension of up to 30 days for the SPR26/1145 deadline to respond to the requestor with responsive records for the following reasons:” 1. The Town will provide all invoices responsive to the original request. However, there is a substantial administrative burden associated with reviewing these documents, including identifying and redacting information subject to attorney-client privilege. This process also requires consultation with Town Counsel to determine what information may be disclosed. As a result, completion within the next 48 hours is not feasible. 2. Upon further review, the Town understands that partial redaction may be sufficient for the 114 documents in its possession. Each invoice must be carefully reviewed in coordination with the relevant departments to assess whether it contains privileged material. 3. In light of the requested extension, the Town is willing to waive any fees associated with compiling and redacting these records. I find that in light of the capacity of the Town to produce the records without an extension, and the scope of redaction required to prevent unlawful disclosure, the Town has

Wendy Brough SPR26/1498 Page 3 April 23, 2026 established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iii). 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. Please note, Mr. Palches 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: Peter Palches