Michael & Rhonda Jusczak v. Dracut, Town of - Engineering Department (SPR 20160170)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 21, 2016 SPR16/170 Mr. Mark Hamel, P .E. Town Engineer Town of Dracut Engineering Department 62 Arlington Street Dracut, MA 01826 Dear Mr. Hamel: I have received the petition of Michael and Rhonda Jusczak appealing the response of the Town of Dracut-Engineering and Planning Departments (Town) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. and Mrs. Jusczak requested copies of records associated with an application for subdivision approval, including all engineering plans and attachments, as well as related correspondence. The Town provided January 5 and January 20 written estimates for the costs of copies, assessing a cost of $.25 per page for copies. Mr. and Mrs. Jusczak appealed this estimated cost. Fee estimate A custodian of records may charge for the cost of providing public records, however those fees must reasonable and in compliance with the Public Records Law Access Regulations (Regulations). 950 C.M.R. 32.06 (fees for copies). On January 5 and January 12, 2016, the Town provided Mr. and Mrs. Jusczak with written estimates for copies of records that included a cost for copies higher than that permitted by the Regulations. Revised fee for copies In a March 17, 2016 telephone discussion with you, an attorney on my staff explained that the section of the Regulations associated with fees for copies was amended on February 29, 2016. From that date forward records custodians may only charge a maximum fee of five cents ($.05) per page for both 8 Yz x 11" black-and-white paper and computer-generated copies. It is my understanding that the Town intends to provide Mr. and Mrs. Jusczak a revised fee estimate reflecting the new rate for copies of the responsive records. To assist the Town, on March 17, a OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Mark Hamel, P.E. SPR16/170 Page 2 March 21, 2016 copy of the amended regulation regarding the fee for copies was provided via email to you and the Town Manager James Duggan. The Town's estimate also assessed a fee of$5.00 per copy for certain over-sized documents. This cost may only be assessed if it reflects the actual cost of the copies that cannot be reproduced by ordinary means. 950 CMR 32.06(f). Accordingly, I will consider this administrative appeal closed with the proviso that the Town prepare a revised estimate in a manner consistent with this order, the Public Records Law and the Regulations. This revised estimate must justify any copy expenses that exceed $.05 per copy by indicating the actual cost of reproduction. A copy of the revised estimate must be provided to this office, and must be provided within ten (1 0) days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a ecords custodian in person to conduct training workshops on the Public Records Law upo request. Please contact my office directly at the telephone number provided in this deter · af n for further information. illiams cc: Michael and Rhonda Jusczak James Duggan, Town Manager