Elaine Beilin v. Truro, Town of - Town Clerk (SPR 20232396)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 23, 2023 SPR23/2396 Noelle Scoullar Executive Assistant Town of Truro 24 Town Hall Road Truro, MA 02666 Dear Ms. Scoullar: I have received the petition of Elaine Beilin appealing the response of the Town of Truro (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 17, 2023, Ms. Beilin requested: [1.] Any documents or other communications related to plans for, obstacles to or exploration of possible development of housing on Town Hall Hill to or among Town officials or employees; to or among Town of Truro Board or Committee members, vendors and contractors; and to and from any taxpayer or resident (full or part-time) related to same. [2.] Any documents or other communications related to plans for possible development of housing on Town Hall Hill with any officer, employee or member of the Board of Directors or Advisory Board of the Community Development Partnership. [3.] Any documents or other communications related to plans for possible development of housing on Town Hall Hill with officials or staff of any other Municipality or County Agency in Barnstable County; and with officials or staff of any agency or office in the Commonwealth of Massachusetts. [4.] Any documents or other communications related to plans for possible development of housing on Town Hall Hill that were shared or discussed by any Town official, staff, consultant, vendor or member of the Truro Housing Authority that relates to the statement in the draft Housing Production Plan to the decision to move the DPW off of Town Hall Hill and the identification of this location as potential site for housing. 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

Noelle Scoullar SPR23/2396 Page 2 October 23, 2023 [5.] Any documents evidencing the date(s) of discussions relating to moving the DPW off of Town Hall Hill to allow for the construction of Housing on Town Hall Hill. The Town provided a response on August 23, 2023. Unsatisfied with the response, Ms. Beilin petitioned this office and this appeal, SPR23/2396, 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 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 August 23rd Fee Estimate In its August 23, 2023 response, the Town provided a fee estimate of $532.08, for a total of 21.28 hours at $25 per hour for staff in the Town manager’s office, “to search for responsive electronic and hard copy records.” The Town further stated, “[Ms. Beilin] will be charged for all employee search time to locate and identify responsive records, at the hourly rate of the lowest paid person capable of compiling, segregating, redacting where required by law, and reproducing responsive records… The Town of Truro has fewer than 20,000 residents as of the last U.S. decennial census (approx. 2,454)[.]” Current appeal In her appeal, Ms. Beilin states, “I received a response entitled ‘Good Faith Estimate’ on Town letterhead stating that I would be charged in excess of $532, purportedly covering not only

Noelle Scoullar SPR23/2396 Page 3 October 23, 2023 search time but ‘also include the time Administration spends on compiling, segregating, redacting and reproducing requested records.’” Although the Town has estimated that the process of searching, reviewing and redacting the responsive records for production will take 21.28 hours of employee time, it is unclear how the Town requires this many hours to produce responsive records. It is additionally uncertain why it would take 21.28 hours to search for the responsive records. As such, the Town must provide additional information regarding the tasks involved in producing these records. Additionally, the Town must clarify why it is charging an additional $0.08. Further, I find the Town must clarify if the redactions are required by law, and state the applicable statutes, if any. Pursuant to the Public Records Law, a fee may 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)(ii); 950 C.M.R. 32.06(4). The Town must clarify. For the reasons discussed above, I find the Town must revise its fee estimate or provide further explanation of how the fee assessed in its August 23rd estimate is consistent with G. L. c. 66, § 10(d). Conclusion Accordingly, the Town is ordered to provide Ms. Beilin with a response to the request, provided 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Elaine Beilin