Susan Butler v. Sheffield, Town of - Town Clerk (SPR 20212122)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 2, 2021 SPR21/2122 Jill Hughes Assistant to the Town Administrator Town of Sheffield Office of the Town Administrator 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). Specifically, Ms. Butler requested to view the Select Board files regarding an identified airstrip. The Town provided a fee estimate for 1.5 hours of search time at the lowest paid hourly rate of $24.49 for a total of $36.74. Prior appeals The requested records were the subject of prior appeals. See SPR21/0849; SPR21/1426 and SPR21/1611 Determinations of the Supervisor of Records (Supervisor) (April 20, 2021; June 18, 2021 and July 13, 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 SPR21/1611 was opened as a result. In my June 18th and July 16th determinations, I advised the Town it cannot charge a requestor for the time it takes it 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, § 10(a). See G. L. c. 66, § 12; 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). 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 SPR21/2122 Page 2 September 2, 2021 On July 9th, the Town provided a further response. In its July 9th letter, the Town asserts, “[o]ur response to Ms. Butler regarding viewing the files stated that we had files in the basement and attic of the Town Hall. Our charges were not based on organization and management but rather for the time to gather the many files related to this request. These files are organized, but there are many and we charged for the time to bring them to a satisfactory place in Town Hall to all viewing.” In my July 16th determination for SPR21/1611, I advised the Town that there is no provision in the Public Records Law that allows the Town to charge a fee to supervise a requestor who is reviewing public records. I also ordered the Town to clarify why 1.5 hours of time is necessary to search for the requested records. Current appeal Unsatisfied with the Town’s explanation regarding the charge to search for the files/records in the attic and basement of the Town Hall, Ms. Butler petitioned the Supervisor again, and the current appeal, SPR21/2122, was opened. It her appeal, Ms. Butler’s asserts, “[t]his essentially means to me that they have placed the records in the basement or in the attic, and at the same time also do not maintain a list of files placed in the basement or in the attic and their exact location. It could also mean that the [T]own chose to put part of the Hanlon file in the basement and the remaining part in the attic and at the same time not maintained a record of the files’ exact locations.” Based on the Town’s July 9th letter, I find that the Town has not met its burden of specificity in explaining how the responsive files are organized in order for the Supervisor to determine whether the Town’s 1.5 hours of search time is justified. The Town must provide further information regarding how the files are organized and how many files responsive to the request are in the possession of the Town. Conclusion Accordingly, the Town is ordered to provide Ms. Butler 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.

Jill Hughes SPR21/2122 Page 3 September 2, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Susan Butler