Shein, Bill v. Pittsfield, City of (SPR 20260080)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 14, 2026 SPR26/0080 Hannah M. Nawa Legal Assistant City of Pittsfield 70 Allen Street Pittsfield, MA 01201 Dear Ms. Nawa: On January 8, 2026, this office received your petition on behalf of the City of Pittsfield (City) 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 City furnished a copy of the petition to the requestor, Bill Shein. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On January 6, 2026, Mr. Shein requested: Electronic communications (including emails and attachments) from April 1, 2025 to the present involving the City of Pittsfield Department of Public Works and/or Department of Public Utilities – Water Department, that reference, concern, or relate to Legionella bacteria or Legionnaires’ disease. This request should be routed to all City offices or personnel reasonably likely to possess responsive records, including those copied on or receiving communications from the Department of Public Works and/or Department of Public Utilities – Water Department. This request includes communications sent to or received by the Water Department, regardless of originating agency: [1] Between the Water Department and other city offices, including the Mayor’s Office and city administration[;] [2] Between the Water Department and representatives, employees, or agents of Berkshire Health Systems (BHS) or its associated facilities, including Berkshire Medical Center[;] [3] Between the Water Department and state agencies, including the Massachusetts Department of Public Health (DPH) and the Massachusetts Department of Environmental Protection (MassDEP)[;] 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

Hannah M. Nawa SPR26/0080 Page 2 January 14, 2026 [4] Internal Water Department communications concerning: a. Notification or receipt of information regarding positive Legionella test results b. Awareness of potential or confirmed Legionella cases c. Sampling, flushing, disinfection, water testing, or other response or follow-up actions d. Coordination with municipal or state officials regarding Legionella findings[.] This request is limited to communications and notices and does not seek records detailing physical layouts of water systems, system schematics, infrastructure vulnerabilities, security protocols, or emergency response plans… To assist in identifying responsive records, the requested communications may include, but are not limited to, records containing one or more of the following terms: Legionella; Legionnaires; Legionnaires’ disease; positive test; positive result; water sample; BHS; Berkshire Health Systems; Berkshire Medical Center; hospital water; hot water; cooling tower; flushing; disinfection; chlorination; residual; remediation; notification; MassDEP; DPH. In its petition, the City stated, “[o]n January 8, 2025, the City contacted Mr. Shein regarding his position on the City requesting an extension of the deadline. Mr. Shein is in agreement with the City’s request for an extension.” Further, in an email to this office on January 9, 2026, Mr. Shein confirmed, “I corresponded with the City yesterday and agreed to [the] extension. We’re also exploring with the City how to narrow the scope somewhat for efficiency and to ensure their keyword search is only returning relevant documents.” Conclusion In light of the above, I find it is unnecessary to opine on the City’s petition for an extension of time. Sincerely, Manza Arthur Supervisor of Records cc: Bill Shein