Gerard F. Mackin, Jr. v. Weymouth, Town of - Town Clerk (SPR 20222119)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 22, 2022 SPR22/2118; SPR22/2119; SPR22/2120; SPR22/2121; SPR22/2122 Kathleen A. Deree Town Clerk Town of Weymouth 75 Middle Street Weymouth, MA 02189 Dear Kathleen Deree: I have received the petitions of Gerard F. Mackin appealing the nonresponses of the Town of Weymouth (Town) to requests for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 13, 2022, August 16, 2022, and August 24, 2022, Mr. Mackin requested certain documents from the Town. On August 13, 2022, Mr. Mackin questioned, “[h]as Bob violated the Charter?” Specifically, Mr. Mackin requested, “… all communication between and among council members.” Mr. Mackin stated, regarding the Charter prohibits the Mayor from engaging in any business. Have you had an ownership or other interest in the Square 4 pub in Weymouth Landing while Mayor.” (See SPR22/2119). On August 16, 2022, Mr. Mackin requested documents about “… mayor … actions regarding the subject conditions regarding dangerous unfinished sidewalk at the intersection of Green St and Altrura Rd.” Mr. Mackin stated, “[h]ave you delayed completion to punish the neighbors who have complained about your pal …? If that isn’t the explanation, please explain why a small section remains unfinished. Can’t you at least have the area lit or warning cones installed?? You are not much of a ceo. And our Councilors are either blind or indifferent to the threat.” (See SPR22/2118). On August 24, 2022, Mr. Mackin requested “… all communications between and among councilors in which the subject reduce Mayor’s salary is mentioned.” (See SPR22/2120). On August 24, 2022, Mr. Mackin requested, “… all communications between and among councilors in which the subject firing department heads is mentioned.” (See SPR22/2121). 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

SPR22/2118; SPR22/2119; SPR22/2120 Kathleen A. Deree SPR22/2121; SPR22/2122 Page 2 September 22, 2022 On August 24, 2022, Mr. Mackin requested “… all documents regarding actions taken by Mayor … on the subject broken telephone poles.” (See SPR22/2122). Lack of Good Faith 950 C.M.R. 32.08(2)(b) provides in pertinent part: The Supervisor of Records may deny an appeal for, among other reasons if, in the opinion of the Supervisor: the request is designed or intended to harass [or] intimidate….” 950 C.M.R. 32.08(2)(b)(2). The above requests are indicative of Mr. Mackin’s pattern of frivolous requests. Mr. Mackin routinely sends unsolicited emails to Town officials on a variety of topics, then files public records requests seeking documents related to his emails. Further, Mr. Mackin sends duplicate appeals regarding the same subject. This pattern of behavior demonstrates that Mr. Mackin’s requests are not intended to produce records for the dissemination of information to the public, but rather to harass the Town. Conclusion Given this requestor’s ongoing pattern of acting without good faith, I deny these appeals. See 950 C.M.R. 32.08(2)(b)(2); see also G. L. c. 66, § 10(c). The requestor is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Gerard Mackin Martha Geronaitis