Jenna Lazaris v. Barnstable, Town of - Office of Town Clerk (SPR 20202397)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 16, 2020 SPR20/2397 Ann M. Quirk Town Clerk Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Ms. Quirk: I have received the petition of Jenna Lazaris appealing the response of the Town of Barnstable (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on December 1, 2020, Ms. Lazaris requested, “[a]n electronic copy of the most recent registered voter attendance list for the November 3rd 2020 Presidential Election for your municipality.” The Town provided a response on December 1, 2020, which included a fee estimate. Unsatisfied with the Town’s response, Ms. Lazaris petitioned this office, and SPR20/2397, was opened as a result. Fee Estimates If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(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, § 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, § 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 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

Ann M. Quirk SPR20/2397 Page 2 December 16, 2020 per hour. Id. However, municipalities may charge more than $25 per hour if such rate is approved by the Supervisor 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 under a petition under G. L. c. 66, § 10(d)(iv). G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). The Town’s December 1st response In its December 1st response, the Town indicates “[w]e require prepayment of that fee prior to complying with the request.” The Town provides and total estimated cost of $367.70, with the first two hours free. The Town provides it will take $100 to search for the records at $25 per hour; $200 to copy the records at $25.00 per hour; and $117.70 to copy 2354 pages at .05 cents per page. In her appeal, Ms. Lazaris contends “[i]n short my request was for an email containing just the listing of registered voters for that town… [t]he data contained on the active voter roll is public record and there is no redaction needed.” Based on the Town’s response, it is unclear why the Town requires the amount of time indicated to complete these tasks. Specifically, it is unclear why four (4) hours is necessary to search for the records. Additionally, it is uncertain why eight (8) hours is necessary to copy the records. The Town must clarify this matter. Where Ms. Lazaris has requested an electronic copy of the records, it is unclear why the Town is assessing a fee for copying costs. See 950 C.M.R. 32.07(2)(f)(a records access officer shall not assess a copying fee for electronic copies or copies of public records transmitted via facsimile). Conclusion Accordingly, the Town is ordered to provide a response to Ms. Lazaris, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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: Jenna Lazaris