Richard Karp v. Canton, Town of - Town Clerk (SPR 20190403)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 27, 2019 SPR19/403; SPR19/406 Tracy K. Kenney Town Clerk and Records Access Officer Memorial Hall 801 Washington Street Canton, MA 02021 Dear Ms. Kenney: I have received the petition of Richard Karp appealing the response of the Town of Canton (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on December 6, 2018, Mr. Karp requested: "Measurements of the Amount of Water [not via the main spillway] planned on being pumped into Pequid Brook (via Googlernaps) [and the MassAudubon wetlands] as part of the Reservoir Darn Project after 12/6/2018" as well as "Measurements of the Amount of Water originally planned to be artificially [not via the main spillway] pumped into Pequid Brook (via Googlernaps) [and the MassAudubon wetlands] as part of the Reservoir Dam Project." The Town provided a December 21, 2018 fee estimate totaling $2.58 which includes free search time, printouts/copies and postage. As a result, Mr. Karp petitioned the Supervisor of Records (Supervisor), and this appeal was opened. Where Mr. Karp's February 12, 2019 petition references several other public records requests and the responses/fee estimates provided by the Town, it is unclear whether Mr. Karp is objecting to $2.58 estimate for these particular requests. It is my understanding that a Public Records Division staff attorney contacted Mr. Karp regarding his requests. Fees A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10( d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, § lO(d)(i). Municipalities may not assess a fee for the first (two) 2 hours of employee time to search One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.rna.us

Tracy K. Kenney SPR19/403; SPR19/406 Page 2 February 27, 2019 for, compile, segregate, redact or reproduce the record or records requested unless the municipality has 20,000 people or less. G. L. c. 66, § 10(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 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, § lO(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, § lO(d)(iv). See G. L. c. 66, § (d)(iii); see also 950 C.M.R. 32.06(4). The Town's fee estimate On December 21st, the Town provided a response to Mr. Karp that included a fee estimate for $2.58 to provide computer-printed or paper copies at $.05 cents per page, along with postage of $1.63. 950 C.M.R. 32.07(2)0) (records access officer may assess the actual cost of postage to mail copies of public records). The Town estimated 2 hours of search time, but credited those first two hours of time, therefore, Mr. Karp was not charged for any search time. See G. L. c. 66, § 10(d )(iii). Conclusion Based on the Town's estimate of $2.58 to provide copies of the records and mail them to Mr. Karp, as requested, I find the estimate for these requests is reasonable. Accordingly, I consider these administrative appeals closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Richard Karp