Higgins, Patrick v. Swansea, Town of - Recreation Commission (SPR 20140309)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 11, 2014 SPR14/309 Mr. Patrick Higgins P.O. Box 483 Swansea, MA 02777 Dear Mr. Higgins: I have received your petition appealing the fee estimate of the Town of Swansea (Town) provided in response to your request for public records from the Swansea Recreation Commission (Commission). See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(2). Specifically, you requested copies of: 1. All emails which were sent to, or sent from swansearecreation@yahoo.com or recreation@town.swansea.ma.us from April1, 2013 to the present (April 7, 2014, date of request), and 2. All agendas and meeting minutes of the Swansea Recreation Commission (open and executive session) from April1, 2013 to the present (April 7, 2014, date of request). The Commission is reminded that a record custodian has a duty to comply with a public records request as soon as is practicable, without umeasonable delay, and always within ten (10) calendar days. G. L. c. 66, § 10(a); 950 C.M.R. 32.05(2). The ten-day provision is a maximum, rather than a minimum time frame for complying with a public records request. Boston Globe Newspaper Company v. Commissioner of Education, 439 Mass. 124 (2003). On April22, 2014, Commission Chairman Derek W. Heim provided a written estimate for the cost of providing you with copies of the responsive records. The Town has assessed fees for search time at twenty dollars and forty-four cents per hour ($20.44), which is the lowest paid hourly rate of an employee in the Town Clerk's Office, and copies of the records at twenty cents per page ($.20) for a total cost of$81.76. In your May 14, 2014 petition letter, you object to the fees assessed, stating "since the appointed Recreation Commissioners are required to serve without financial compensation, and OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Patrick Higgins SPR14/309 Page Two July 11, 2014 they do not have any employees, the rate per hour for making copies is illegal." The Public Records Law requires that cities and towns designate a records custodian for either each department or designate the city or town clerk to be the custodian of some records. This is especially important for those departments, boards and commissions that do not have an office within the confines of the city hall or town hall, or any employees. See G. L. c. 66, § 6 (records of public proceedings; preparation; custody); see also G. L. c. 66, § 7 (custody of old and other records). This office has verified that the Commission has no office to retain records of its business, and therefore the Town Clerk has been designated as the custodian of the Commission's records. Whereas, the Town Clerk is the custodian of the Recreation Commission's records, it is the employees of the Town Clerk's Office who must search for and copy the records. Therefore, I find that the written estimate provided by Mr. Heim is reasonable and in compliance with the Public Records Law. Accordingly, this administrative appeal is closed. Supervisor of Records cc: Ms. Susan Taveira, Town Clerk Mr. Derek Heim