Susan Butler v. Sheffield, Town of - Town Clerk (SPR 20211426)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 18, 2021 SPR21/1426 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. Previous appeal The requested records were the subject of a previous appeal. See SPR21/0849 Determination of the Supervisor of Records (April 20, 2021). In my April 20th 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 provided a response on April 28, 2021, which included a fee estimate. Unsatisfied with the Town’s response, Ms. Butler petitioned this office, and SPR21/1426 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 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 SPR21/1426 Page 2 June 18, 2021 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 April 28th response In its April 28, 2021 response, the Town indicates, “[t]he lowest paid employee, Assistant to Town Administrator, able to complete the search these records, has a salary of $24.49 per hour. The original estimate was based on 1.5 hours of time to search the basement and third floor records storage areas.” 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. Since these are vital records it is important that they stay in the Town’s possession and in same manner in which they were found.” The Town’s total fee estimate it $50.24. Please be advised that the Town cannot charge a requestor for the time it takes to search for responsive records based on the organization and management of its records. Public records must be maintained and kept in a manner that allows access by the public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § l0(a); see G. L. c. 66, § l2; see also Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289-90 (1979). Further, pursuant to 950 C.M.R. 32.06(2)(a), a records access officer or designee shall permit inspection or provide or furnish a copy of all public records within the custody and control of the custodian at reasonable times and without unreasonable delay under G. L. c. 66, § 10(a). Conclusion If the Town offices are open to the public and can provide a satisfactory place for the inspection of documents, the Town must comply with the provisions of 950 C.M.R. 32.06(2)(a).

Jill Hughes SPR21/1426 Page 3 June 18, 2021 I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Susan Butler