Levine, Mary v. Harwich, Town of (SPR 20261522)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 28, 2026 SPR26/1522 Emily Mitchell Town Clerk Town of Harwich 732 Main Street Harwich, MA 02645 Dear Ms. Mitchell: On April 23, 2026, this office received the petition of Michele E. Randazzo, Esq., of KP Law, on behalf of the Town of Harwich (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, Mary Levine, Esq., of Eckert Seamans Cherin & Mellott, LLC. G. L. c. 66, § 10(c); G. L.c. 66, § 10(d)(iv)(2). On April 7, 2026, Attorney Levin requested various documents relating to the Harwich Water Department. 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 (vi) the public interest served by expeditious 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

Emily Mitchell SPR26/1522 Page 2 April 28, 2026 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 Town requests “an additional 15 business days…” In support of its request, the Town provides the following information: Town staff are currently in the midst of preparations for the upcoming Annual Town Meeting and Annual Town Election in addition to their typical duties. It is estimated that it will take the Town a minimum of 118 hours to review, compile, and, as necessary, reproduce all records responsive to this Request. In the event that payment for this request is made, the Town expects that the scope of work involved in locating thirty-year-old responsive records will be particularly time consuming for Town staff. In light of the need to collect and examine the records, and the capacity of the Town to produce the records without an 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 of 15 business days. Conclusion Accordingly, I find that the Town has established good cause for a time extension of 15 business days as described above. Please note, Attorney Levin 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).

Emily Mitchell SPR26/1522 Page 3 April 28, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Mary Levine, Esq.