Gerard F. Russell v. Charlton, Town of - Town Administrator (SPR 20181097)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 7,20 18 SPRl811097 Robin L. Craver Town Administrator Town of Charlton 37 Main Street Charlton, MA 01 507 Dear Ms. Craver: I have received the petition of Gerard F. Russell appealing the response of the Town of Charlton (Town) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Russell requested records relating to Valley Green Grow. In response to Mr. Russell's June 28,2018 revised request, the Town provided a July 5, 20 18 fee estimate totaling $1,33 8.53. Mr. Russell petitioned the Supervisor of Records (Supervisor) regarding the $1,338.53 estimate. It is my understanding the Town has subsequently indicated it will be reducing the fee to $300. Fees If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, 5 lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, 5 10(d). The fees must a. reflect the actual cost of complying with a particular request. A maximum fee of five cents ($.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, 5 lO(d)(iii). 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

Robin L. Craver Page 2 August 7,20 18 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 Id. shall not be more than $25 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 10(d)(iv). In your July 5the stimate, you indicated that your hourly rate is $63.40 per hour; however, I find that the Town assessed the $25 per hour rate in compliance with the Public Records Law. This office explained that it would be necessary for the Town to petition the Supervisor for approval to charge for redactions that are not restricted by 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, 5 lO(d)(iv). See G. L. c. 66, 5 lO(d)(iii); 950 C.M.R. 32.06(4). Waiver of fees Mr. Russell sought a waiver of fees from the Town. Please be advised the Supervisor may not mandate that a records access officer waive fees assessed for complying with a public records request. The records access officer may waive or reduce the amount of any fee charged under this subsection upon a showing that disclosure of a requested record is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requestor, or upon a showing that the requestor lacks the financial ability to pay the full amount of the reasonable fee. See G. L. c. 66, 5 10(d)(v); see also 950 C.M.R. 32.07(2)(k) (emphasis added). Revised - reduced fee In your August 6'" discussion with a Public Records Division staff attorney, you explained that at the recent Board of Selectmen (Board) meeting on August 3,2018 , the Board decided to reduce the fee estimate for Mr. Russell's June 2gthr equest from $1,338.53 to $300.00. You informed this office that while Mr. Russell was present at the meeting and has agreed to the reduction in cost, the Town will confirm the $300 fee in a letter to Mr. Russell and will provide a copy of that letter to this office. In an effort to educate the Town on new or revised provisions in the Public Records Law, a copy of The Guide to the Massachusetts Public Records Law was provided along with information on "providing a response" and "petitions to the Supervisor for extension of time and petitions on fees."

Robin L. Craver Page 3 August 7,2018 Conclusion Accordingly, where the Town has agreed to revise its fee estimate and will send a confirmation letter to Mr. Russell regarding the $300 fee in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days, I will consider this appeal closed. A copy of the 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, V Rebecca S. Murray Supervisor of Records cc: Gerard Russell