Jeffery Smith v. Hardwick, Town Of (SPR 20251807)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 1, 2025 SPR25/1807 Ryan J. Witkos Town Clerk Town of Hardwick 307 Main Street - P. O. Box 575 Gilbertville, MA 01031 Dear Mr. Witkos: On June 24, 2025, this office received your petition on behalf of the Town of Hardwick (Town) seeking an extension of time to produce records, and relief from the obligation to produce responsive 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, I understand that the Town furnished a copy of this petition to the requestor, Jeffrey Smith. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On May 27, 2025, Mr. Smith requested “… a complete copy of the Hardwick Bylaws.” On May 29, 2025, Mr. Smith clarified that he was seeking “… a complete, official copy of the current bylaws … the accurate MLU-approved version, preferably certified if available.” Previous Appeal This request was the subject of a previous appeal. See SPR25/1714 Determination of the Supervisor of Records (June 30, 2025). In my June 30th determination, I found that the Town must revise its fee estimate or provide further explanation of how the fees are consistent with G. L. c. 66, § 10(d). While SPR25/1714 was pending, the Town submitted the present petition to this office on June 24, 2025. Petitions 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: (i) the need to search for, collect, segregate or examine records; 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

Ryan J. Witkos SPR25/1807 Page 2 July 1, 2025 (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) shall provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(b). Request for Additional Time to Produce Responsive Records In its petition, the Town requests an extension of time and provides the following information in support of its request: This office has historically been staffed by just one individual on a part-time basis and there is no assistant Town Clerk; nor is there any other individual that can complete this request. The Annual Town Meeting voted a salary that will enable this office to be staffed when the Municipal Building is open, which is 32 hours per week. With that time being available, this office has as one of its top priorities, the codification of Hardwick’s by-laws; be it by an extremely lengthy and thorough review of almost 100 years of Town Meeting action, or, potentially going to a third-party vendor at a cost of many thousands of dollars that it takes to perform such action. It is impossible to comply with this request given what is being asked for and would ask the parties to forgo their appeal and work with this office to develop a realistic time frame to have this completed. For the reasons given above, and in accordance with 950 CMR 32.06(4)(e), I am respectfully requesting a waiver by a Records Access Officer to the Supervisor under subclause 950 CMR 32.06(4)(d). Further, I am requesting the Supervisor review 950 CMR 32.06(4)(f) and relieve this office of its obligation to provide copies of the records sought as these records have already been provided with the caveat, “This is NOT the official version of the General By-Laws of the Town of

Ryan J. Witkos SPR25/1807 Page 3 July 1, 2025 Hardwick, Massachusetts. While reasonable efforts have been made to ensure the accuracy of the data provided, do not rely on this information without first checking with the Town Clerk’s office. If you require legal advice or counsel, please consult a lawyer. The hope is that in FY26, there will be time and resources to ensure this document is correct and updated in a reasonable time frame.” In an email to this office on July 1, 2025, the Town clarified that it seeks an extension of 30 business days. Based on the Town’s petition, I find that in light of the need to search for and collect the records, and the capacity of the Town to produce the request without the extension, the Town has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The Town is granted an extension of 30 business days. However, based on the information provided by the Town, I find that the Town has not demonstrated that the requests are frivolous and not intended for the broad dissemination of information to the public about actual or alleged government activity, as required by G. L. c. 66, § 10(c). Consequently, relief from the obligation to provide records in response to the request cannot be granted. Conclusion Accordingly, I find the Town has established good cause for a time extension of 30 business days as described above. However, as explained above, I am unable to grant the Town’s request for relief from the obligation to provide records in response to the request. Please note, Mr. Smith 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: Jeffrey Smith