Patrick D. McPhee v. Ashby, Town of - Town Administrator (SPR 20210245)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 16, 2021 SPR21/0245 Robert B. Hanson Town Administrator Town of Ashby 895 Main Street Ashby, MA 01431 Dear Mr. Hanson: I have received the petition of Patrick 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 21, 2021, Mr. McPhee requested: 1. Any/all information, including but not limited to the emails (sent/received), attachments, text messages, minutes and the [Town], pertaining to Ashby Special Town Meeting on May 4, 2013 Article 7 for $30,000.00 “Municipal Bldg/Water Upgrades;” 2. Any/all information on the spending of Ashby Special Town Meeting on May 4, 2013 Article 7 for $30,000.00 “Municipal Bld/Water Upgrades,” including but not limited to spending receipts, bid and quotes; 3. Any/all information, including but not limited to the emails (sent/received), attachments, text messages and minutes and from the Town, pertaining to the Annual Town Meeting on May 3, 2014 Article 20 for $165,000 “Water Improvement Project” and 4. Any/all information on the spending of Ashby Annual Town Meeting May 3, 2014 Article 20 for $165,000 “Water Improvement Project” including but not limited to spending receipts, bid and quotes. Waiver of fees Mr. McPhee asks that the fees be waived due to public interest, and notes that the records will be made available to the general public free of charge. The Town’s January 25th estimate indicates that the fees will not be waived. 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. 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 SPR21/0245 Page 2 February 16, 2021 The Town’s January 25, 2021 fee estimate With its January 25th response, the Town provided Mr. McPhee with certain records, and provided him with a fee estimate for the “. . . invoices for the A20 ATM 5/3/14 warrant article only.” The Town states in its estimate, “[t]he estimated cost for the invoices for the A20 ATM 5/3/14 warrant article only would be 3 hours at $25/hr and 80 copies at .05 per copy. [The Town] ha[s] not estimated the cost of the other projects.” Open Meeting Law In addition, in his February 1, 2021 petition, Mr. McPhee asserts, “. . . this information should be attached to minutes, but it never is!” Where this matter appears to relate to records that may have been used during an open meeting, 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, listed in Mr. McPhee’s request, rests with the Open Government Division of the Office of the Attorney General (AGO). Therefore, I advise the parties to consult with the AGO regarding the procedural requirements of the Open Meeting Law. Sincerely, Rebecca S. Murray Supervisor of Records cc: Patrick D. McPhee