Reed Webster v. Plainville, Town of - Town Administrator (SPR 20242006)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 26, 2024 SPR24/2006 Brian S. Noble Town Administrator Town of Plainville 190 South Street PO Box 1717 Plainville, MA 02762 Dear Mr. Noble: I have received the petition of Reed Webster 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 May 15, 2024, Mr. Webster requested various correspondence between three named individuals, “copies of any contracts between the Town and BETA since 2016[,] [a]nd, between the Town and Capital Strategic Solutions since 2016[.]” The Town provided a response on May 30, 2024, providing a fee estimate. The Town provided an additional response on May 31, 2024, providing further details on the fee estimate. Unsatisfied with the responses, Mr. Webster petitioned this office and this appeal, SPR24/2006, 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, 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

Brian S. Noble SPR24/2006 Page 2 July 26, 2023 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). The Town’s May 30th Fee Estimate In its May 30, 2024 response, the Town provided a fee estimate of $734.00. Additionally, on May 31, 2024, the Town stated the following: The Town of Plainville operates with a small staff and a tight budget. Complying with Mr. Webster’s extensive request, which spans several years, requires a significant allocation of resources. This includes diverting town employees from their primary responsibilities and delaying other critical tasks. The estimated 42 hours of work required to fulfill this request is not punitive but realistically reflects the effort needed to retrieve, review, and prepare the requested documents. … Mr. Webster’s request is overly broad and complex, covering records from a period predating the tenure of current board members and department heads. Additionally, the town’s records management has undergone significant changes, including a move from a cramped town hall to a new location. During this transition, records were not properly retained, cataloged, or filed. Limiting the scope to the past three years, corresponding to the tenure of the current town administration would be more reasonable and manageable and would cost significantly less. … Current appeal In his appeal, Mr. Webster states, “there would be no complexity to the scope of my request had the Town properly and legally managed its documents. [The Town] has had ample opportunity to address the failure of his predecessor in properly and legally storing the documents during his tenure as Town Administrator. A situation [the Town] was well aware of prior to my public records request. It seems obscene and unfair to expect me to pay for the failures of two administrations to secure their records legally and properly.” Subsequently, on July 18, 2024, the Town sent an email and stated, “[the Town] will provide Mr. Webster the documents in question that are responsive to his request, and we will do so at no charge. However, based on the quantity and scope, he is going to get it as we go.”

Brian S. Noble SPR24/2006 Page 3 July 26, 2023 Conclusion Based on the Town’s July 18th response, which indicates that the Town intends to provide the records at no charge, I find it unnecessary to opine on the Town’s May 30th fee estimate. Consequently, I will now consider this administrative appeal closed. Once records are provided, Mr. Webster may appeal the substantive nature of the Town’s response within ninety calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Reed Webster