Patrick D. McPhee v. Ashby, Town of - Town Administrator (SPR 20210244)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 16, 2021 SPR21/0244 Robert B. Hanson Town Administrator Town of Ashby 895 Main Street Ashby, MA 01431 Dear Mr. Hanson: I have received the petition of Patrick D. McPhee appealing the response of the Town of Ashby (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 19, 2021, Mr. McPhee requested “… any/all information, including but limited to the emails (sent/received), attachments, text messages, minutes, contracts and documents that the Board of Selectmen (Board) the [Town] discussed in meeting on January 13, 2021.” In addition, Mr. McPhee notes regarding his request “[s]ince during the meeting there was discussions on several emails and email attachments and contracts at the [Town] Board meeting Jan 13, 2021, please include them in the minutes and provide them.” Waiver of fees In Mr. McPhee’s January 19, 2021 request, he asks that the Town waive the applicable fees, as he believes that the records are in the best interest of the public, and that he will make the records available to the general public free of charge. Mr. McPhee is advised that while a record custodian may waive applicable fees, under the criteria in 950 C.M.R. 32.07(2)(k)(l-3), the Supervisor has no authority to order that a record custodian do so. The Town’s January 25, 2021 fee estimate The Town’s January 25th response and fee estimate to Mr. McPhee asserts: “[i]n order to even try to proceed in complying with your request, I must have a comprehensive understanding of what was actually said at said meeting, and what associated paperwork I might be seeking. The only way to achieve that end is for me to watch the tape of the meeting. Said tape runs slightly over two hours. There is no other, lower-paid Town employee to whom I can delegate this task, and you will be billed at the 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

Robert B. Hanson SPR21/0244 Page 2 February 16, 2021 hourly rate of $25/hour. My estimate of costs for proceeding with your request is Tape review (two hours) $50.00. Time in following through with securing documents identified through (three hours) 75.00 the tape review and Copying costs (to be determined) Total $125.00” Open Meeting Law Where this matter relates to the Open Meeting Law, I decline to opine on this matter at this time. The authority to opine on Open Meeting Law matters, including the requirement to draft meeting minutes and append documents used at those meetings, rests with the Open Government Division of the Office of the Attorney General (AGO). Therefore, I am unable to opine on the request and fees assessed pertaining to the records of the January 13th open meeting at this time. I advise the parties to consult with the AGO regarding this session, the records pertaining to this session, and the procedural requirements of the OML. Sincerely, Rebecca S. Murray Supervisor of Records cc: Patrick D. McPhee