Susan Butler v. Sheffield, Town of - Town Administrator (SPR 20210564)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 22, 2021 SPR21/0564 Jill Hughes Assistant Town Administrator Office of the Town Administrator Town of Sheffield 21 Depot Square Sheffield, MA 01257 Dear Ms. Hughes: I have received the petition of Susan Butler appealing the response of the Town of Sheffield (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, Ms. Butler requested “. . . draft minutes for the January 19, 2021 Select Board Meeting.” Previous appeal The requested records were the subject of a previous appeal. See SPR21/0315 Determination of the Supervisor of Records (February 17, 2021). In my February 17th determination, I found the Town’s fee estimate had not sufficiently explained the amount of time that is necessary to produce the responsive records. The Town was ordered to provide Ms. Butler with a response to the request, in a manner consistent with the order, the Public Records Law and its Regulations. The Town provided said response on March 1, 2021. Unsatisfied with the Town’s response, Ms. Butler petitioned this office, and SPR21/0564 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 hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested unless the municipality 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

Jill Hughes SPR21/0564 Page 2 March 22, 2021 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, § 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). Petitions relating to fees must be submitted to the Supervisor within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(g). The Town’s March 1st response In its March 1st response, the Town indicates “[t]he lowest paid employee, Assistant to Town Administrator, able to complete this task, search for and reproduce draft minutes, has a salary of $24.49 per hour. The original estimate was based on 30 minutes of time to complete the task. Upon review we would be happy to reduce that to 15 minutes which would equal $6.12 and 5 cents a page for four pages, which brings the total to $6.32.” In light of the Town’s responses, I find the Town has demonstrated this fee estimate is reasonable. Conclusion Accordingly, I will now consider this administrative appeal closed. If Ms. Butler is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Susan Butler