Paulette Kuzdeba v. Hadley, Town of - Town Clerk (SPR 20212858)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 9, 2021 SPR21/2858 Jessica Spanknebel Town Clerk Town of Hadley 100 Middle Street Hadley, MA 01035 Dear Ms. Spanknebel: I have received the petition of Paulette Kuzdeba appealing the response of the Town of Hadley (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 12, 2021, Ms. Kuzdeba requested a “… detailed list from each Select Board Member of verbal complaints” related to specific topics. On August 10, 2021, Ms. Kuzdeba requested, “[a]ll texts and emails sent by or received by [named persons] that mentions [key topics] … from March 15, 2021 to July 15, 2021.” Previous appeals On July 13, 2021, the Town provided a response explaining that it does not have any details of telephone calls that were not formalized in notes or recorded calls. On September 29th, Ms. Kuzdeba appealed the July 13th response, and SPR21/2511 was opened. See SPR21/2511 Determination of the Supervisor of Records (Supervisor) (October 12, 2021). On August 10, 2021, Ms. Kuzdeba requested text and emails sent by or received by four members of the Board of Selectmen (Board), providing the Town with specific search terms. See SPR21/2512 Determination of the Supervisor (October 12, 2021). On October 14, 2021, the Town provided a supplemental response regarding both the requests that were the subject of SPR21/2511 and SPR21/2512. In its October 14th response, the Town indicates, “…the Board members do not record the content of their telephone calls or keep a log with the requested details of the complaint or the names of the complainants.” However, “the Town recognizes that any records noting telephone calls received by Board members in their capacity as Town officials are a public records, and will interpret Ms. Kuzdeba’s request broadly so as to search for and provide any partial responsive records. For example, to the extent any exist, the Board can search to provide any screenshots from Board members’ telephones that 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

Jessica Spanknebel SPR21/2858 Page 2 November 9, 2021 may note any complaints received by telephone, subject to redaction of private citizens’ cell phone numbers where those individuals have a privacy interest in such information and that interest does not outweigh disclosure, particular[ly] where that information is not otherwise made available to the public for privacy reasons.” In its October 14th response, the Town indicated it will promptly search for any telephone call information pertaining to the responsive complaints, and provide that information on a rolling basis. On August 10th, Ms. Kuzdeba requested, “[a]ll texts and emails sent by or received by [named persons] that mentions [key topics] … from March 15, 2021 to July 15, 2021.” In its October 14th response, the Town indicates, “…all departments, employees, and officials are promptly searching for all responsive records, and will continue to provide any responsive records in good faith to Ms. Kuzdeba on a rolling basis.” Current appeal On October 29, 2021, Ms. Kuzdeba petitioned the Supervisor, indicating that she received records, but not all the requested records. As a result, the current appeal was opened. In her email, Ms. Kuzdeba indicates that she only received emails, letter and messages received by the Board, and no records that were sent from the Board and four specific Board members between March 15, 2021 and July 15, 2021. Ms. Kuzdeba also indicates that she requested documentation of phone calls, if they exist, regarding complaints about the Conservation Commission. Specifically, Ms. Kuzdeba states, “[i]n reviewing the information sent to me, it appears the [Board] members were asked to submit correspondence…and no review of any emails on the Town server was conducted by the Town Manager or anyone who deals with IT in [the Town], allowing the [Board] members to decide what to or not to submit.” Ms. Kuzdeba contends that the Town has further emails and texts in its possession that have not been provided, including a text message from one Board member discussing the Camping Bylaw and members of the Conservation Commission. Further, Ms. Kuzdeba asserts that the Town has not provided any information pertaining to phone calls and emails received by four Board members. It is unclear whether the Town has additional records responsive to this request. Furthermore, it is unclear what criteria the Town used to search and compile these records, including whether the Town has performed a search for records on the Town’s server(s). The Town must clarify these issues.

Jessica Spanknebel SPR21/2858 Page 3 November 9, 2021 Order Accordingly, the Town is ordered to provide Ms. Kuzdeba with a response to the requests, in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Paulette Spanknebel