Smith, Jeffery v. Hardwick, Town Of (SPR 20260792)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 17, 2026 SPR26/0792 Ryan Witkos Town Clerk Town of Hardwick 307 Main Street Gilbertville, MA 01031 Dear Mr. Witkos: I have received the petition of Jeffery Smith appealing the response of the Town of Hardwick (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 3, 2026, Mr. Smith requested: [1] All logs, tracking sheets, spreadsheets, or other documentation maintained by the Records Access Officer(s) for public records requests submitted in calendar years 2024 and 2025, as required by M.G.L. c. 66, § 6A(e) and 950 CMR 32.05(1)(c). This includes, at minimum: [a] Nature of each request and date received [b] Date of response and date records provided [c] Number of hours required to fulfill the request [d] Fees charged (if any) [e] Any appeals or Supervisor of Records determinations [2] The annual reports submitted by the RAO(s) to the Secretary of the Commonwealth for fiscal years 2024 and 2025 (or the most recent available), as required by M.G.L. c. 66, § 6A(e) and the Secretary’s prescribed form. [3] All internal policies, guidelines, procedures, or training materials currently used by the RAO(s) or town staff for: [a] Calculating fees under M.G.L. c. 66, § 10(ii) (including how employee time is tracked and estimated) [b] Searching for, preserving, and producing text messages and telephone records from personal and town-issued devices [c] Documenting and responding to requests for time accounting or actual hours spent 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 Witkos SPR26/0792 Page 2 March 17, 2026 [4] For each of my three paid requests (Invoice 01 – $200, Dec 2024; Invoice 02 – $300, Feb 2025; Invoice 25-03 – $150, Jul 2025): [a] Any internal time logs, timesheets, calendars, or notes showing actual employee hours spent searching, compiling, redacting, and reproducing records [b] Any emails, memos, or communications between staff, the RAO, Town Administrator, or Town Counsel discussing the estimated vs. actual time or fee calculation for these requests[.] The Town responded on February 17, 2026. Unsatisfied with the Town’s response, Mr. Smith petitioned this office and this appeal, SPR26/0792, was opened as a result. Subsequently, I learned that the Town provided Mr. Smith with a further response on March 17, 2026. Where this appeal was opened as a result of the Town’s February 17th response, I will now consider this administrative appeal closed. Mr. Smith may appeal the substantive nature of the Town’s March 17th response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jeffery Smith