Susan Butler v. Sheffield, Town of - Town Administrator (SPR 20210849)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 20, 2021 SPR21/0849 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 February 24, 2021, Ms. Butler requested to view the Select Board files regarding John Hanlon's airstrip. The Town provided a response on March 3, 2021, which included a fee estimate. Unsatisfied with the Town’s response, Ms. Butler petitioned this office, and SPR21/0849 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 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 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 SPR21/0849 Page 2 April 20, 2021 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 3rd response In its March 3, 2021 response, the Town indicates, “[t]he estimated cost to locate these files from the basement and attic storage areas and bring them to the main floor of Town Hall would be as follows…1.5 hours of Assistant to Town Administrator, lowest paid employee in this office, to locate the Select Board files: $36.74.” The Town further indicates “[t]o help reduce the cost we would hire a person for one hour, at minimum wage, to assist you while you view the files: $13.50.” The Town’s total fee estimate it $50.24. The Town’s fee estimate has not explained the amount of time that is necessary to produce the responsive records. Specifically, the Town must provide additional information explaining what task(s) “to assist” in viewing the files entails. Additionally, under the law, municipalities may charge no more than $25 per hour unless such rate is approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). Consequently, the Town must clarify this estimate. Conclusion Accordingly, the Town is ordered to provide Ms. Butler with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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: Susan Butler