Greg Rowehl v. Charlemont, Town of - Town Clerk (SPR 20230451)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 15, 2023 SPR23/0451 Kathy Reynolds Town Clerk Town of Charlemont 157 Main Street Charlemont, MA 01339 Dear Ms. Reynolds: I have received the petition of Greg Rowehl appealing the response of the Town of Charlemont (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 6, 2023, Mr. Rowehl requested: Any documents or reports from having to do with the excise tax as listed below for the last 20 years. A separate excise tax law applies to dealers. A motor vehicle dealer to whom a Section 5 registration has been issued shall, for the privilege of such registration, pay to the collector of taxes for the city or town in which such dealership is licensed, a special excise in the amount of $100.00 for each registration plate. The RMV sends a report to the town in late May for these Section 5 registrants. The bills are payable directly to the city or town. Prior Appeal This request was the subject of a previous appeal. See SPR23/0335 Determination of the Supervisor (March 7, 2023). SPR23/0335 was closed after the Town provided a response on March 2, 2023. Unsatisfied with the Town’s response, Mr. Rowehl petitioned the Supervisor of Records, and this appeal, SPR23/0451, was opened as a result. While this appeal was pending, the Town provided a supplemental response on March 8, 2023. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public 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

Kathy Reynolds SPR23/0451 Page 2 March 15, 2023 records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). 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. Current appeal In his appeal petition, Mr. Rowhel objected to the Town’s fee for redaction of the responsive excise tax records. The Town’s March 2nd and March 8th responses In its March 2, 2023 respoonse, the Town provided Mr. Rowehl with a fee estimate. The Town explained, “[y]ou have requested [Motor Vehicle Excise] (MVE) [R]eports for the last 20 years. The Town has MVE reports from 2007 through 2022. Reports prior to 2007 have been destroyed with permission of the [Secretary of the Commonwealth’s Public] Records Division.” The Town further stated, “the fee for the documents requested are as follows: 4 hours search fee @ $20.65/hour = $82.60 plus 1.75 hours redacting non-public information @ $20.65/hr = $36.14 plus 19 pages @ .05 cents per page = $.95 for a total fee of $119.69. Once the Town receive[s] this fee the documents will be released.” The Town claimed that it would redact records pursuant to 18 U.S. Code, § 2721, as it operates through Exemption (a), and Exemption (c) of the Public Records Law. In its March 8, 2023 response, the Town informed Mr. Rowehl, “[t]he Town of Charlemont will remove the [fee for] redacting of non-public information fee of $36.14. The new fee consists of 4 hours search @$20.65/ hours = $82.60 plus 19 pages @ .05 cents per page = $.95 for a total fee of $83.55. Once the Town receives this fee the documents will be released. The [Town] receives the [Motor Vehicle Excise] [R]eports that you have requested in paper form which is kept in individual commitment books filed by year.”

Kathy Reynolds SPR23/0451 Page 3 March 15, 2023 Whereas the basis of Mr. Rowehl’s appeal was the Town’s fee for redaction of the responsive records, I find that Mr. Rowehl’s appeal related to his February 6th request is resolved. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Greg Rowehl