Stanley Mazurczyk v. Chelmsford, Town of - Town Clerk (SPR 20171177)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 11, 2017 SPR17/1177 Patricia E. Dzuris Town Clerk Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Ms. Dzuris: I have received the petition of Stanley Mazurczyk appealing the response ofthe Town of Chelmsford (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Mazurczyk requested records associated with an "Outlook folder" in the possession of the Town. On several occasions the Town provided to Mr. Mazurczyk a response along with a fee estimate. Unsatisfied with the responses and objecting to the fee estimate, Mr. Mazurczyk petitionedthis office to compel the Town to email the records. Prior appeals The requested records were the subject of a prior appeal. See SPR17/ 812, Supervisor of Records Determination (June 27, 2017). Subsequent to the intervention by a member of the Public Records Division staff, I closed the appeal when the Town provided a more substantial response to Mr. Mazurczyk. Fee estimate A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10 ( d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, § 10 (d )(i). Municipalities may not assess a fee for the first (two) 2 hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested unless the municipality has 20,000 people or less. G. L. c. 66, § lO(d)(iii). Where appropriate, municipalities may include as part of the fee an hourly rate equal to or less than the hourly rate 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

Tricia Dzuris SPR17/1177 Page 2 September 11, 2017 attributed to the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce a record requested, but the fee shall not be more than $25 per hour. Id. However, municipalities may charge more than $25 per hour if such rate is approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). A fee shall not be assessed for time spent segregating or redacting records unless such segregation or redaction is required by law or approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). See G. L. c. 66, § 10(d)(iii); 950 CMR 32.06(4). Current Appeal A member of the Public Records Division staff contacted you in regards to Mr. Mazurczyk's current petition. On September 1, 2017, you once again informed Mr. Mazurczyk by email, copying this office, that the Town has compiled a fee estimate for the records he requested and the "remainder of the work will be done to provide" the responsive records to him once he makes payment. The Town had previously provided Mr. Mazurczyk with a fee estimate of $30.50 for compiling the records. In your May 12, 2017 response, you identified yourself to be the lowest paid employee capable of searching, segregating, and redacting the responsive records at a rate of twenty-five (25) dollars per hour and indicated the Town waived the first two hours as required by the Public Records Law. The copying fee of$5.50 consisted of 110 pages at $.05 cents per page. Objecting to this response, Mr. Mazurczyk requests that this office "compel Ms. Dzuris to email me (the) records." Through multiple emails, you informed Mr. Mazurczyk that "[a]n estimate was provided to you with respect to the preparation and distribution of the records requested from my Outlook folders. Once payment is received, they will be processed." In a conversation with a member of the Public Records Division staff, you informed this office that you are unable to simply forward the emails to Mr. Mazurczyk due to the privacy needs of those residents identified within the responsive records. Therefore, you must print them out and redact them, before providing them to him as paper copies. The Town indicates that redactions are required to protect certain privacy needs. Under the Public Records Law, a fee shall not be assessed for time spent segregating or redacting records unless such segregation or redaction is required by law or approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). See G. L. c. 66, § 10(d)(iii); 950 CMR 32.06(4). It is unclear from the response how the redaction is required by law. I am unaware of any petitions filed by the Town for approval to assess a fee for the segregation or redaction of these records.

Tricia Dzuris SPR17/1177 Page 3 September 11, 2017 Conclusion The Town has not met its burden in explaining the fee estimate of $30.50. Accordingly, the Town is hereby ordered to provide Mr. Mazurczyk with a revised fee estimate or supplemental response, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (1 0) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma. us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Stanley Mazurczyk