Alan J. Dias v. Hanson Board of Health (SPR 20230338)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 7, 2023 SPR23/0338 Gilbert Amado Health Inspector Hanson Board of Health 542 Liberty Street Hanson, MA 02341 Dear Mr. Amado: I have received the petition of Alan Dias appealing the response of the Hanson Board of Health (Board) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 12, 2023, Mr. Dias requested: [1] Copies of all warrants submitted from the Board of Health to the Town Accountant for payment made to [a named individual] for the Board of Health from 1/1/2022 thru and including 1/1/2023[;] [2] Copies of all invoices submitted for payment from [a named individual] for services performed by him for the Board of Health from 11/2022 thru 1/1/2023. Previous Appeal This request was the subject of a previous appeal. See SPR23/0154 Determination of the Supervisor of Records (February 7, 2023). In my February 7th determination, I ordered the Board to provide Mr. Dias with a response to his request. On February 15, 2023, the Board provided a revised fee estimate. Unsatisfied with the Board’s response, Mr. Dias petitioned this office and this appeal, SPR23/0338, 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). 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

Gilbert Amado SPR23/0338 Page 2 March 7, 2023 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). The Board’s February 15th Fee Estimate In its February 15, 2023 response, the Board provided a revised fee estimate of $53.40, which was reduced from the original fee estimate of $75.40. The Board states that it does not have a population size of 20,000 people. The Board asserts: The lowest paid Board employee capable of searching for, compiling, segregating, redacting, and/or reproducing the responsive documents is paid at a rate of $25.00 per hour. The Board’s good faith estimate of the time devoted to comply with your request includes searching, reviewing, compiling and making copies of all warrants and invoices made payable to [a named individual] for work performed by him for the Board of Heath, for a one year time fram[e], 01/01/2022 through 01/01/2023 and copies of invoices submitted for payment from [a named individual] from 11/2022 through 01/01/2023. No time was devoted to segregating of redacting records. The Board also provided a task log sheet. The task log sheet noted that the 18 documents would be copied at a rate of $.05, for a total charge of $0.90. 1.1 hours would be spent locating the records for a total charge of $27.50. 0.5 hours would be spent reviewing the requested records at a total charge of $12.50. Additionally, .25 hours would be spent organizing the records for a charge of $6.25. It also noted that .25 hours would be spent copying requested records for a total charge of $6.25. Based on the Board’s cost estimate, it remains unclear how the Board may assess a fee for “. . . reviewing the requested records . . .” under G. L. c. 66, § 10(d)(iii). Particularly, it is uncertain how this task constitutes time to search for, compile, segregate, redact, or reproduce records. Accordingly, I find the Board must provide additional information regarding what this task entails and why it is necessary to produce responsive records.

Gilbert Amado SPR23/0338 Page 3 March 7, 2023 Conclusion Accordingly, the Board is ordered to provide Mr. Dias with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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, Manza Arthur Supervisor of Records cc: Alan Dias