Joan P. Beckta v. Everett, City of - Solicitor's Office (SPR 20241347)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 17, 2024 SPR24/1347 Maryann Mayo Records Access Officer Department of the City Solicitor City of Everett 484 Broadway Everett, MA 02149 Dear Ms. Mayo: I have received the petition of Joan P. Beckta appealing the response of the City of Everett (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 22, 2024, Ms. Beckta requested, “[t]he document that the mayor based his ‘have to keep it’ statement on. He said at the 4/22/24 City Council meeting that he was told years ago that he ‘couldn’t get rid of’ the old high school.” The City provided a response on April 30, 2024, including a fee estimate. Unsatisfied with the City’s response, Ms. Beckta petitioned this office and this appeal, SPR24/1347, was opened as a result. Fee estimates – 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). 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 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

Maryann Mayo SPR24/1347 Page 2 May 17, 2024 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 City’s April 30th fee estimate In its April 30, 2024 fee estimate, the City assessed a fee of $50 to produce responsive records based upon 2 hours. The City provided a breakdown as follows: Department Solicitor Estimated Hours 2.00 Hourly Rate $25.00 Estimated Personnel Cost $50.00 In a further response on April 30th, the City stated, “[t]hese documents, if they exist, are in the archives. It would take at least 4 hours to try and find the documents related to the reuse committee and its work.” Although the City has indicated that the time to produce responsive documents results in a calculation of 4 hours, the City must provide further explanation as to how it arrived at the calculation of 4 hours, and state what tasks are involved in its calculation. 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(s). 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 Ms. Beckta with a response to the request, 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 the response to this office at pre@sec.state.ma.us. Ms. Beckta may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1).

Maryann Mayo SPR24/1347 Page 3 May 17, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Joan P. Beckta