Framingham Reporter v. Natick, Town of (SPR 20210333)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 25, 2021 SPR21/0333 Kathleen Lentini Town Clerk Town of Natick 13 East Central Street, 1st Floor Natick, MA 01760 Dear Ms. Lentini: I have received the petition of “Framingham Reporter” appealing the response of the Town of Natick (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 7, 2021, the requestor sought several electronic mail records within the possession of the Town relating to a certain individual. Previous Appeal This appeal was the subject of a prior appeal See SPR21/0181 Determination of the Supervisor of Public Records (February 9, 2021). In my February 9th determination, I found that the Town provided a response on February 8, 2021. Unsatisfied with the Town’s response, the requestor petitioned this office and appeal SPR21/0333, was opened as a result. Fee estimate – municipalities 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

Kathleen Lentini SPR21/0333 Page 2 February 25, 2021 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, § 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 of Records under a petition under G. L. c. 66, § 10(d)(iv). See G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). Current Appeal In an email sent to this office on February 10, 2021, the Town indicates, “[t]his request was sent a response on Jan 21st.” The Town forwarded a copy of this January 21, 2021 response, which included a fee estimate. In its appeal, the requestor states, “I now appeal the Town’s fee estimate … as untimely.” G. L. c. 66, § 10(e) G. L. c. 66, § 10(e) provides that “[a] records access officer shall not charge a fee for a public record unless the records access officer responded to the requestor within 10 business days under subsection (b).” Where the requestor submitted a public records request on January 7, 2021, and the Town provided a response on January 21, 2021, I find the Town complied with G. L. c. 66, § 10(e). Conclusion In light of the above, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: “Framingham Reporter”