Under construction, work in progress…
Tue, Feb 25, 2025 at 6:47 AM
Dear Mr. Witkos and Ms. Caggiano,
This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10). I am requesting that I be provided a copy of the following records:
* Any documentation relating to the audit of the town conducted by the former Town Administrator in 2022.
* Any documentation relating to the reduced PILOT payment from Eagle Hill School for 2022, especially any notes or communications with the former Town Administrator or Select Board members.
* If the PILOT agreement with Eagle Hill School has been reviewed by the Town’s lawyers within the past year, I’d like a copy of any related documentation.
* All emails, text messages, and telephone records for any account or device used for Town Business by the following Town Officials between October 1, 2024 and February 13, 2025:
* Eric W. Vollheim
* Kelly Kemp
* Erik Fleming
* Mark Korzec
* Christopher Culross
* Lucinda Childs
* Justine Caggiano
* All emails, text messages, and telephone records for any account or device used for Town Business by the following Town Officials between January 1, 2022 and July 31, 2022:
* Nicole Parker
* Kelly Kemp
* Julie Quink
* H. Robert Ruggles
For telephone records, I am specifically requesting call logs that include the date, time, duration, and the number dialed or received. Please provide the records in electronic format if possible, otherwise, paper copies are acceptable.
Please ensure that personal details not pertinent to town business are redacted from the records to comply with privacy laws.
Could you please inform me of the expected timeline for processing this request? Additionally, please let me know if there will be any fees associated with this request and provide an estimate for these costs.
Please confirm receipt of this records request.
Thank you very much!
Sincerely,
Jeffery Smith
Thu, Feb 27, 2025 at 11:11 AM
Hi Jeff,
Due to the time it would take to fill your request, I have attached an invoice under M. G.L.CH 66, Section 10 (ii) of the public records law. I tried to be very conservative in preparing this invoice as our IT and Town Counsel will also be spending a considerable amount of time and resources. Please let me know if you have any questions. Once we have payment, we would be happy spend the time in good faith filling your request.
Thank you,
Justine
February 28, 2025 7:33 AM
Hi Justine,
Thank you for the invoice. I will come by your office with a check for $300 on Monday.
March 18, 2025 2:33 PM
Hi Justine,
I am writing to inquire about my requests under Invoice 02. I realize these items will take some time to gather together, etc. however I was anticipating an update regarding the estimated timeline? Any chance you could let me know?
Thanks,
Jeff
March 18, 2025 2:53 PM
Hi Jeff,
I am working with Town Counsel and our IT vendors. I am unsure at this time of how long it will take. I do not want to give you a false timeframe if I am waiting on other people. As soon as I have anything to tell you, I will definitely let you know. Let me know if you want to set up a time to come in and get an update on ongoing town business.
Sincerely,
Justine
March 19, 2025 1:12 PM
Hi Justine,
Thanks for the reply. I believe I can drop by tomorrow. Does 12:30pm work for you?
Jeff
March 19, 2025 1:14 PM
My day tomorrow is insane, but I have much more time Monday or Tuesday if you are available?
March 19, 2025 1:16 PM
Ok, let’s go with Monday at 12:30pm. Thanks.
March 20, 2025 9:52 AM
Perfect! Thank you.
May 23, 2025 1:22 PM
Hi Justine,
I have evaluated the file that was provided on my USB drive. While it does contain a 1GB file that further contains 1,922 PDF files, this seems to be an incomplete set of data. This method of delivering the email messages seems to neglect the full email headers as well as any attached documents. These should be included in the data I am requesting.
Additionally, it seems that there are missing emails. Would you please confirm exactly who has provided the information and who has not?
Thank you!
Jeff
May 23, 2025 2:43 PM
Hi Justine,
I also meant to mention these items are still outstanding, too.
- Any documentation relating to the audit of the town conducted by the former Town Administrator in 2022.
- Any documentation relating to the reduced PILOT payment from Eagle Hill School for 2022, especially any notes or communications with the former Town Administrator or Select Board members.
- If the PILOT agreement with Eagle Hill School has been reviewed by the Town’s lawyers within the past year, I’d like a copy of any related documentation.
Thanks,
Jeff
June 2, 2025 7:30 AM
To: pre@sec.state.ma.us
cc: Hardwick Town Clerk, Justine Caggiano
(Attachments: Gmail thread + Invoice #02)
To Whom It May Concern:
In the attached files is the email thread where I made a request to the Town of Hardwick for public information. I was told there would be a cost and was given an invoice (also attached), which I have paid. Although my check was submitted on March 3, 2025, it did not clear my account until April 21, 2025. At this time, I am still waiting for the request to be fulfilled and my emails are not being answered.
I am writing to request that the Supervisor of Public Records enforce compliance and order the town to produce the complete records or justify the delay in providing them.
Thank you,
Jeffery Smith
From: Owen Meech (SEC)
To: Justine Caggiano, admin@townofhardwick.com
cc: Jeffery Smith, SEC-DL-PREWEB
Dear Records Custodian,
Please be aware, this office has received an appeal relating to your entity’s response to a request for public records. Attached are further details concerning this appeal. If you have any questions or wish to provide further information relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us or 617-727-2832.
Given that the Supervisor of Records must issue a determination within 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Thank you,
Owen G. Meech, Esquire
Staff Attorney | Office of the Secretary of the Commonwealth
Public Records Division
June 12, 2025 2:55 PM
From: Patrick Pierce (SEC)
To: Jeffery Smith, Justine Caggiano
cc: SEC-DL-PREWEB
(SPR25/1544 Determination attached)
Good Afternoon,
Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.
If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us.
Thank You,
Patrick Pierce (He/Him/His)
Public Records Division
Office of the Secretary of the Commonwealth
July 1, 2025 3:36 PM
From: Justine Caggiano
To: Patrick Pierce, Jeffery Smith
cc: SEC-DL-PREWEB, Town Clerk, Owen Meech
Good Afternoon,
Per my conversation with Mr. Meech, all of the records were provided that exist on a flash drive to the requestor.
Thank you so much, Justine
Justine Caggiano, MPA, MCPPO
Town Administrator
Town of Hardwick
July 1, 2025 3:53 PM
From: Jeffery Smith
To: Justine Caggiano
cc: Patrick Pierce, SEC-DL-PREWEB, Town Clerk, Owen Meech
Good afternoon,
Prior to the message sent a few minutes ago, I have received no email follow up from the Hardwick Town Administrator regarding this records request. As she said, she has given back my USB drive during one of my visits to the municipal building, and it does seem to have the emails responsive to my request.
However this is only one part of my request. This is my original request:
* Any documentation relating to the audit of the town conducted by the former Town Administrator in 2022.
* Any documentation relating to the reduced PILOT payment from Eagle HIll School for 2022, especially any notes or communications with the former Town Administrator or Select Board members.
* If the PILOT agreement with Eagle Hill School has been reviewed by the Town’s lawyers within the past year, I’d like a copy of any related documentation.
* All emails, text messages, and telephone records for any account or device used for Town Business by the following Town Officials between October 1, 2024 and February 13, 2025:
** Eric W. Vollheim
** Kelly Kemp
** Erik Fleming
** Mark Korzec
** Christopher Culross
** Lucinda Childs
** Justine Caggiano
* All emails, text messages, and telephone records for any account or device used for Town Business by the following Town Officials between January 1, 2022 and July 31, 2022:
** Nicole Parker
** Kelly Kemp
** Julie Quink
** H. Robert Ruggles
For telephone records, I am specifically requesting call logs that include the date, time, duration, and the number dialed or received. Please provide the records in electronic format if possible, otherwise, paper copies are acceptable.
I understand per the email reply a few minutes ago, some of these records may or may not exist, however I still have not received any communication about any of the other specified items. Also, if the records do not exist, why has it taken so long and required that I file complaints in order to get the answers? I paid $300 for records that don’t exist?
Thank you,
Jeffery Smith
July 14, 2025 1:34 PM
From: Jeffery Smith
To: Justine Caggiano
cc: Patrick Pierce, SEC-DL-PREWEB, Town Clerk, Owen Meech
Good afternoon,
Should I be expecting to hear from someone on my last reply?
Thank you,
Jeffery Smith
July 17, 2025 8:47 AM
From: Michael Manning (SEC)
To: Jeffery Smith
cc: SEC-DL-PREWEB
Good Morning Mr. Smith,
Thank you for your email. Please note that if you are unsatisfied with the Town of Hardwick’s July 1st response concerning subject determination- SPR25/1544, you retain the right to further appeal the response provided to this Office. In light of your below July 1st and subsequent July 14th emails, do you wish to file a further appeal? If so, please provide any objections to the Town’s response that you wish for this Office to review.
Best,
Michael Manning
Office of the Secretary of the Commonwealth
Public Records Division
July 17, 2025 9:06 AM
From: Jeffery Smith
To: Michael Manning
cc: SEC-DL-PREWEB
Good morning Mr. Manning,
Yes, I would like to appeal. My reply on July 1, 2025 contains the substance of my appeal. Since being contacted by your office, the only communication I have received from the Town Administrator on this matter was the message sent to you from the Town Administrator and having my USB drive returned to me. As I have said, the USB drive only contains some emails (I was never told exactly which person’s emails were included, everything is in a single PST file), but none of the other documents requested. If the other documents didn’t exist, I would like a refund of my $300. It doesn’t seem fair to pay for documents that do not exist and I am not responsible for the lack of organization on the part of the town.
Thank you,
Jeffery Smith
From: Owen Meech (SEC)
To: Justine Caggiano, admin@townofhardwick.com
cc: Jeffery Smith, SEC-DL-PREWEB
Dear Records Custodian,
Please be aware, this office has received an appeal relating to your entity’s response to a request for public records. Attached are further details concerning this appeal. If you have any questions or wish to provide further information relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us or 617-727-2832.
Given that the Supervisor of Records must issue a determination within 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.
Thank you,
Owen G. Meech, Esquire
Staff Attorney | Office of the Secretary of the Commonwealth
Public Records Division
July 29, 2025 2:15 PM
From: Ayca Cinar (SEC)
To: Jeffery Smith, Justine Caggiano
cc: SEC-DL-PREWEB
(spr252078.pdf attached)
Hello,
Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.
If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us.
Thank you
Ayca Cinar
Office of the Secretary of the Commonwealth
Public Records Division
August 6, 2025 8:00 AM
Dear Mr. Witkos,
As the Records Access Officer (RAO) for the Town of Hardwick, I request your immediate attention to two public records requests I submitted under M.G.L. c. 66, § 10, for which I paid $300 (Invoice #02, February 25, 2025) and $150 (Invoice #25-03, July 14, 2025), seeking emails, text messages, and phone records (call logs with date, time, duration, numbers) of the Town Administrator, Justine Caggiano, and other officials, related to town business (June 2024–present for the $150 request; October 1, 2024–February 13, 2025, and January 1, 2022–July 31, 2022, for the $300 request, plus audit/PILOT documents).
The town provided only emails (incomplete for the $300 request), with no text messages or phone records. On June 12, 2025, the Supervisor of Records (SPR25/1544) ordered Hardwick to clarify whether additional records exist and provide them without unreasonable delay (G.L. c. 66, § 10(a)). The town’s July 1, 2025, response claimed all existing records were provided, but immediately after the August 5, 2025 Planning Board meeting adjourned, in the same room and in the presence of multiple attendees, Ms. Caggiano stated to me that she deleted all her text messages, explaining why they were not produced. This contradicts the claim that they “do not exist” (SPR25/2078).
Text messages related to public business are public records under M.G.L. c. 4, § 7, clause Twenty-sixth, and must be preserved per the Statewide Records Retention Schedule. Unauthorized deletion violates M.G.L. c. 66, § 8, and willful destruction to evade disclosure may violate M.G.L. c. 268, § 13E. I demand:
- Immediate recovery of deleted text messages (e.g., via device backups, cloud storage, forensic tools, or recipients’ devices) for both requests.
- Production of phone records (call logs) for both requests, from town-issued or personal devices used for business.
- A written explanation of the deletion (date, reason, pre- or post-request) and why phone records were not provided.
- Confirmation that no additional fees apply, as my $450 payment covers both requests, and retrieval costs are the town’s responsibility for improper deletion.
Provide a response by August 20, 2025, per M.G.L. c. 66, § 10(b), with records or a timeline. If withheld, cite specific exemptions (M.G.L. c. 4, § 7(26)). Non-compliance may lead to an appeal to the Supervisor of Public Records or further action in Worcester County Superior Court, with potential costs and punitive damages for bad faith (M.G.L. c. 66, § 10A).
Sincerely,
Jeffery Smith
August 18, 2025 9:57 AM
Dear Mr. Smith,
#1: There are no records responsive to this request. Town Administrator Caggiano has not been issued a Town cell phone and has no ability to recover deleted text messages from her private cell phone. Any text messages that were deleted were transitory in nature and need not be retained. See Records Retention Schedule 01.022 Correspondence (d) Transitory Messages – Retain until administrative use ceases. Permission from Supervisor not required for destruction.
#2: There are no records responsive to this request.
#3: The Public Records Law imposes no requirement on Town officials to provide answers to questions or to create records when none exist.
#4: Again, the Town has no requirement to respond to questions; in any event, however, as the Town is not providing any additional records, no additional fee estimate is provided.
Sincerely,
Ryan J. Witkos, CMMC
Hardwick Town Clerk
Justice of the Peace/Notary Public