Shawn Harmon v. Plymouth Town Clerk (SPR 20181041)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 25,2018 SPR1811041 Connor Anderson Records Access Officer Town of Plymouth 26 Court Street Plymouth, MA 02360 Dear Mr. Anderson: I have received the petition of Shawn Harmon appealing the response of the Town of Plymouth (Town) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, on June 28,2018, Mr. Harmon requested an "electronic copy of the entire 'town census resident extract' list also known as the 'extract #2" database." On July 10,2018 , the Town responded to Mr. Harmon inquiry regarding the basis of their fee estimate. Subsequently, Mr. Harmon petitioned this office, appealing the response regarding the fee estimate. SPR1811041 was opened as a result. Fee -Municipalities 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, 5 10(d). The fees must Id. reflect the actual cost of complying with a particular request. 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, 5 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 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 Id. per hour. 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, 5 lO(d)(iv). Further, a fee shall not be assessed for time spent segregating or redacting records unless - 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

Connor Anderson Page 2 July 25,2018 such segregation or redaction is required by law or approved by the Supervisor of Records under apetition under G. L. c. 66, 5 lO(d)(iv). G. L. c. 66, 5 lO(d)(iii); 950 C.M.R. 32.06(4). The Town 's fee estimate On July lot1't he Town provided a response to Mr. Harmon to explain the basis of their fee estimate. The Town indicated "[tlhis request required the Town Clerk's Office to generate a new report for an up-to-date Town Census." The Town states "[tlhis process took a total of 2.5 hours." The Town provides "[tlhe lowest paid employee capable of doing this work is paid $20.00/hr." The Town charged Mr. Harmon a fee of $10.00. oth After reviewing the Town's July 1 response, the response was insufficient to explain the basis of the 2.5 hours "to generate a new report for an up-to-date Town Census." Specifically, it is unclear what steps the Town is taking to prepare the files. For the reasons discussed above, I find the Town must revise its fee estimate or provide further explanation of how the fee assessed is expressly provided for and consistent with G. L. c. 66, tj lO(d). A staff member of the Public Records Division contacted your office and the Town indicated it would provide Mr. Harmon with a supplemental response. Order Accordingly, the Town is hereby ordered to provide further explanation for the basis of their fee or a revised fee estimate made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Harmon may appeal the substantive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Shawn Harmon