Shannon Wissman-Hoar v. Bernardston, Town of (SPR 20251045)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 17, 2025 SPR25/1045 Karen Kelly Town Administrator Town of Bernardston 38 Church Street P. O Box 504 Bernardston, MA 01337 Dear Ms. Kelly: On April 16, 2025, this office received your petition on behalf of the Town of Bernardston (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, Shannon Wissman-Hoar. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). In separate requests on April 12, 2025, Ms. Wissman-Hoar requested: [1] [A]ll my records of employment which would include attendance records, payroll records, pay stubs, correspondence (emails & letters), work documents, employee evaluations, and any warnings[;] [2] [T]he notes that [an identified individual] took at my warning meeting[;] [3] [A] statement from you of how the day unfolded for [an identified individual] on the day that [an identified individual] quit[;] [4] [A] recount of the first phone call, first email and first contact at all about me in any way shape or form[;] [5] [C]opies of the emails that [an identified individual] received[;] [6] [A]ny other information [an identified individual] ha[s] for that day. 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: 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

Karen Kelly SPR25/1045 Page 2 April 17, 2025 (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. 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). Current Petition In its petition, the Town requests an extension of 30 business days and argues the following in support of its request: The nature of the records requested, or portions of the records may be exempt from disclosure pursuant statutory exemptions C and E of the Public Records Law. Please note, serious consideration must be given in determining statutory exemptions because of the ongoing legal proceeding with the Town of Bernardston, Department of Unemployment Assistance and the records requestor. More time is needed to collect, segregate and examine the records to determine eligibility for exemption and scope of redaction required to prevent unlawful disclosure. The capacity of the Town to produce the records without an extension is concerning. Please note, that we are a Town of less than 2000 people. The RAO is also the Town Administrator, the Website Administrator, the HR Representative, the Chief Procurement Officer, the Board of Health Clerk, and the ADA Coordinator - currently working on a Town self-assessment and transition plan. In addition, the Town is presently engaged in budget and warrant preparation for Annual Town Meeting on May 17th, 2025. As such, this is an incredibly busy time for the Town.

Karen Kelly SPR25/1045 Page 3 April 17, 2025 In light of the need to collect, segregate and examine the records, as well as 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 30 business days. Conclusion As described above, I find that the Town has established good cause for a time extension of 30 business days. Please note, Ms. Wissman-Hoar 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). Sincerely, Manza Arthur Supervisor of Records cc: Shannon Wissman-Hoar