Jeff Brown v. Gloucester, City of - City Clerk (SPR 20231243)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 22, 2023 SPR23/1243 Joanne M. Senos City Clerk City of Gloucester 9 Dale Avenue Gloucester, MA 01930 Dear Ms. Senos: I have received the petition of Jeff Brown appealing the response of the City of Gloucester (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 25, 2023, Mr. Brown requested “…a copy of the authorization/permit given to the Cape Ann Trail Stewards that permitted them to install their trail markers on trees in Dogtown.” The City provided a response on June 9, 2023, which included a fee estimate. Unsatisfied with the City’s response, Mr. Brown petitioned this office, and SPR23/1243, was opened as a result. Fees - 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 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

Joanne M. Senos SPR23/1243 Page 2 June 22, 2023 per hour. Id. However, municipalities may charge more than $25 per hour if such rate is approved by the Supervisor 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 under a petition under G. L. c. 66, § 10(d)(iv). G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). The City’s June 9th response In its June 9, 2023 response, the City provided a fee estimate of $125.00. The City advised that “[i]n regard to your public records request, we are releasing the attached documents responsive to your request in the first two hours of research that are free pursuant to the public records law. We are providing you with a fair estimate cost for the further research beyond the two free hours. Several departments are involved in researching this information. The anticipated time for this action is 5 hours @ $25/hour (pursuant to the public records law, the first two hours are free) for a total of $125.00.” Based on the City’s response, it is unclear why the City requires the amount of time indicated to produce the requested records. Specifically, it is unclear why five (5) hours is necessary for “researching this information.” Additionally, the City has not explained if the hourly rate being used is that of the lowest paid employee with the necessary skill to perform the task. The City must clarify these matters. For the reasons discussed above, I find the City must revise its fee estimate or provide further explanation of how the fee assessed is expressly provided for and consistent with G. L. c. 66, § 10(d). Conclusion Accordingly, the City is ordered to provide a response to Mr. Brown, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten (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. Mr. Brown may appeal the substantive nature of the City’s response within 90 calendar days. See 950 C.M.R. 32.08(1) Sincerely, Manza Arthur Supervisor of Records cc: Jeff Brown