Bruce Fried v. Georgetown, Town of - Town Clerk (SPR 20231100)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 8, 2023 SPR23/1100 Kerri Ann McManus Town Clerk Town of Georgetown 1 Library Street Georgetown, MA 01833 Dear Ms. McManus: I have received the petition of Bruce Fried appealing the response of the Town of Georgetown (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 19, 2023, Mr. Fried requested various correspondence between three named individuals, “in reference to the Conservation Commision referencing Payroll Fraud and the request for their personal emails and phone records dating from October 2022 to present[.]” Prior Appeal This request was the subject of a previous appeal. See SPR23/0939 Determination of the Supervisor of Records (May 19, 2023). In my previous determination, I found that the Town needed to revise its fee estimate or provide further explanation of how the fee assessed in its estimate is consistent with G. L. c. 66, § 10(d). The Town provided a response on May 24, 2023. Unsatisfied with the response, Mr. Fried petitioned this office and this appeal, SPR23/1100, was opened as a result. Fee Estimates 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 include as part of the fee an hourly rate equal to or less than the hourly rate attributed to the 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

Kerri Ann McManus SPR23/1100 Page 2 June 8, 2023 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 May 24th Fee Estimate In its May 24, 2023 response, the Town provided two fee estimates of $565.00 or $25.00 and stated the following: …if you would like Boston Solution Systems to do the email search the vendor cost is $540. The vendor stated the 4 hours at $135 per hour is the rate that they charge for such requests. We are only able to reduce the time it takes town counsel to segregate and redact the records from 1 hour to 2 hours. Thus cutting that fee in half. The total cost would be $540 + $25 = $565. You have the option of having the town forward you the emails themselves electronically at no cost, and you would only be charged $25 for the one hour of town counsel’s segregation and redaction. If you choose this option, once the town receives your check the work will begin. Current appeal In his appeal, Mr. Fried states, “I just dropped off a $25 check to get the process started to retrieve the emails directly from the people asked for… I would still like to appeal the town’s response. The issue I am having is that the price should have been cut in half for half the work and there was supposed to be a response on why Town Council is needed to review and redact and where that is stated in the law.” Subsequently, the Town provided a further response on June 1, 2023 and stated, “[s]ince, no responsive records were found you can collect your $25 check from my office.” Conclusion Based on the Town’s June 1st response and willingess to refund the $25.00, I find it unnecessary to opine on the Town’s May 24th fee estimate. Consequently, I will now consider this administrative appeal closed. Mr. Fried may appeal the substantive nature of the Town’s June 1st response within ninety (90) days. See 950 C.M.R. 32.08(1).

Kerri Ann McManus SPR23/1100 Page 3 June 8, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Bruce Fried