Gerard F. Mackin, Jr. v. Weymouth, Town of - Town Clerk (SPR 20222231)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 13, 2022 SPR22/2231; SPR22/2232 Kathleen A. Deree Town Clerk Town of Weymouth 75 Middle Street Weymouth, MA 02189 Dear Kathleen Deree: I have received the petitions of Gerard Mackin appealing the nonresponses of the Town of Weymouth (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 15, 2022, Mr. Mackin requested, “… all documents regarding the application for installation, approval and inspection of such containers of more than 50 gallons at business establishments [and] all communications between and among councilors regarding the mayor to be more transparent.” 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 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

SPR22/2231; SPR22/2232 Kathleen A. Deree Page 2 October 13, 2022 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, Esq.