Gerrit Blauvelt v. North Adams, City of - City Administrator (SPR 20211444)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 18, 2021 SPR21/1444 Angie Lopes Ellison Records Access Officer City of North Adams 10 Main Street North Adams, MA 01247 Dear Ms. Ellison: I have received the petition of Gerrit Blauvelt appealing the response of the City of North Adams (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 13, 2021, Mr. Blauvelt specifically requested: 1. The North Adams Airport Master Plan draft that was created through the work of a committee that met last year; 2. A list of the members and chair of the body that recently met to discuss the airport master plan; 3. Information related to the annual landing fees paid to the North Adams airport from 1999-2021; 4. Any airport landing fee agreements that were in effect from 1999-2021, especially agreements discussing landing fees that involved TeamFlys and Turboprop East. It is [Mr. Blauvelt’s] understanding that these agreements could have been made prior to 1999. On May 28, 2021, the City provided Mr. Blauvelt with a response that included a $125.00 fee estimate for 5 hours of time at $25.00 per hour to search, compile, and redact under the allowable exemptions. Unsatisfied with the response and estimate, Mr. Blauvelt petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his June 7, 2021 petition, Mr. Blauvelt asserts, “I wanted to appeal the charge of $125 for this request as the response was provided after 10 business days. I believe that I can be charged a reasonable amount for the request of new material requested on May 18, 2021 (a workbook used for a meeting), but I do not believe I can be charged for material with the [May 13th] request.” 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

Angie Lopes Ellison SPR21/1444 Page 2 June 18, 2021 Fee estimates –municipalities If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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 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). Requirement of responding within 10 business days The City is advised, a records access officer (RAO) may not charge a fee unless the RAO provides a written response in compliance with G. L. c. 66, § 10(b) within ten business days following receipt of the request. G. L. c. 66, § 10(e). “Business day” is defined as Monday through Friday. Business day does not include Saturdays, Sundays, legal holidays, or other weekdays where a custodian's office is closed unexpectedly. 950 C.M.R. 32.02. The City may not be permitted to charge fees associated with the request if the City did not provide Mr. Blauvelt with a response to his May 13, 2021 request in compliance with this provision of the law. See G. L. c. 66, § 10(e); see also 950 C.M.R. 32.06(2)(c). I find it is unclear whether the City provided Mr. Blauvelt with a response to his May 13th request within 10 business days. The City must provide Mr. Blauvelt with a response to clarify this issue.

Angie Lopes Ellison SPR21/1444 Page 3 June 18, 2021 Conclusion Accordingly, the City is ordered to provide Mr. Blauvelt with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 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: Gerrit Blauvelt