Michael & Kathy Hootstein v. Shutesbury, Town of (SPR 20230906)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 9, 2023 SPR23/0906 Grace Bannasch Town Clerk Town of Shutesbury 1 Cooleyville Rd Shutesbury, MA 01072 Dear Ms. Bannasch: On May 4, 2023, this office received your petition on behalf of the Town of Shutesbury (Town) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Town furnished a copy of this petition to the requestor, Michael Hootstein. G. L. c. 66, § 10(c). On May 1, 2023, Mr. Hootstein requested: [1] Shutesbury Police Reports & Communications by, with and between Other Shutesbury Officials, Committee Members and Town Attorneys:…[Copies] of each and every one of Shutesbury Police Chief Burgess’s, Officer Masse’s, Officer Pelletier’s and other Officers’ “police reports”, emails, notes, phone call logs and contacts, that refer to me, mentions me by name or infers my identity or anything about me, during the last three years, including all correspondence, meeting notes. [sic] emails, telephone or in person communications, by and/or between any other Shutesbury Police Officer, Shutesbury Select Board member, Town Attorneys, Town Librarian, Library Trustee, Library Building Committee member, Town Official who is also a Friends [sic] of the Library Executive Committee member, State Library Commissioner Traub, Board of Health member, Conservation Commission member, Town Administrator, Highway Department employee, Tree Warden and/or any other Town Official, Committee Member and/or Subcontractor, including Shutesbury’s 21E hazardous waste cleanup and wetlands consultants at Lot O-32: 1) O’Reilly, Talbot and Okun and any of its employees; and 2) Fuss & O’Neill and its employees, Geologist Matthew Kissane, LSP Timothy Clinton and the Fuss & O’Neill surveyor who filed false criminal allegations against me on or about April 18, 2023. [2] Non-Police Communications by, with and between Shutesbury Officials, Committee Members and Town Attorneys:…[Copies] of each and every email, 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

Grace Bannasch SPR23/0906 Page 3 May 9, 2023 note, phone call log and contact, that refers to me, mentions me by name or infers my identity or anything about me, during the last three years, including all correspondence, meeting notes. [sic] emails, telephone or in person communications, by and/or between any Shutesbury Select Board member. [sic] Town Attorney or Other Shutesbury Official/Committee member, including the Town Librarian, Library Trustee, Library Building Committee member, Town Official who is also a Friends of the Library Executive Committee member, State Library Commissioner Traub, Board of Health member, Conservation Commission member, Town Administrator, Highway Department employee, Tree Warden and/or any other Town Official, Committee Member and/or Subcontractor, including Shutesbury’s 21E hazardous waste cleanup and wetlands consultants at Lot O-32: 1) O’Reilly, Talbot and Okun and any of its employees; and 2) Fuss & O’Neill and its employees, Geologist Matthew Kissane, LSP Timothy Clinton and the Fuss & O’Neill surveyor who filed false criminal allegations against me on or about April 18, 2023. On May 2, 2023, Mr. Hootstein stated, “[t]o qualify my request, I am not asking for any voluminous Fuss & O’Neill or O’Reilly, Talbot & OKUN reports publicly provided on Shutesbury and DEP web pages.” On May 2, 2023, the Town noted that “[f]or all portions of this request related to police reports, you will need to contact Chief Burgess[.]” On May 2, 2023, Mr. Hootstein modified his request and only requested records responsive to Request # 2. On May 4, 2023, Mr. Hootstein stated that, “[t]he only concession I’m willing to make if is to ask for records going back only two years instead of three.” In an email dated May 5, 2023, Mr. Hootstein modified his request. On May 8, 2023, Mr. Hootstein in an email modified his records request again. In his May 8th modified request, he requests: [A]ll [Town] public records going back 2 years, including police communications, complaints, reports, bodycam, video and voice recordings, etc., that refer to me, “Michael Hootstein”, “Hootstein”, “Michael H” or my profession “hydrogeologist”, “hydro”, “geologist” or company “Legacy Environmental Group”, “Legacy”, by and to: Shutesbury Police Chief Burgess, Officer Masse, Officer Pelletier, Select Board Chair Rita Farrell, Librarian Mary Anne Antonellis, Board of Health Chair Catherine Hilton, Town Administrator Rebecca Torres, State Library Commissioner Karen Traub, Library Board of Trustees Co- Chairs Michele Regan-Ladd, Kate Cell, Conservation Commission Chair Miriam Defant, Town Clerk Bannasch, Highway Superintendent Tim Hunting and any Shutesbury 21E Hazardous Waste Cleanup subcontractor and/or employee of

Grace Bannasch SPR23/0906 Page 3 May 9, 2023 O’Reilly, Talbot & Okun and/or Fuss & O’Neill. Conclusion Given that Mr. Hootstein modified his May 1st request, it is unnecessary to opine on the Town’s petition for an extension of time to produce records in response to that request. This office encourages Mr. Hootstein and the Town to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii). Sincerely, Manza Arthur Supervisor of Records cc: Michael Hootstein