Christian Tobin v. Dalton, Town of - Fire District (SPR 20242997)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 18, 2024 SPR24/2997 Melanie Roucoulet Clerk Dalton Fire District 20 Flansburg Avenue Dalton, MA 01226 Dear Ms. Roucoulet: I have received the petition of Christian Tobin appealing the response of the Dalton Fire District (District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 31, 2024, Mr. Tobin requested the following: [1] All documents utilized by the accountant in determining the fire department’s fiscal year 2024 debt of $183,084.00. [2] All fire department credit card statements from July 1, 2022, through July 1, 2024. [3] All fire department expenditure records from July 1, 2022, through July 1, 2024. [4] All records of fire department overtime expenditures for fiscal year 2023. [5] All pay stubs issued to [a named individual], a former employee. [6] All District audio recordings of monthly, executive, or special meetings for the Board of Water Commissioners from July 1, 2022, through July 30, 2024. On August 13, 2024, Mr. Tobin amended his request and additionally sought the following: [7] All emails sent or received by [a named individual] involving any representative of the District’s accounting firm concerning the fiscal year 2024 debt mentioned in request #1. [8] All emails sent or received by [a named individual] with any elected official of the District from July 1, 2022, through July 30, 2024. [9] All records of District Fire Explorers under the age of 18 who responded with or on a fire department ambulance or apparatus, including the incident run reports from July 1, 2022, through July 30, 2024. 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

Melanie Roucoulet SPR24/2997 Page 2 November 18, 2024 [10] All pay stubs issued to [a named individual] from her hire date through July 30, 2024. [11] All District credit card statements for the Water Superintendent and Treasurer/Clerk from July 1, 2022, through July 30, 2024. In his appeal petition on August 29, 2024, Mr. Tobin narrowed his request and stated the following: [T]o facilitate a more expedient and cost-effective process, I am narrowing my request to the following documents: [a.] Documents related to the Fire Department Fiscal Year 2023 Debt (as originally requested). [b.] Credit Card Statements for the Fire Department (as originally requested). Mr. Tobin further modified his request on September 16, 2024, to the following: [1.] All documents (e.g., expenditures, overtime sheets, purchases, equipment acquisitions, etc.) utilized by the District’s accounting firm in determining, and as reported by the District Treasurer, the deficient/debt of funds of $183,084, as emailed by the District’s Treasurer to the Fire Chief, July 29, 2024, and reported at an open meeting, and reported in the July 20, 2024 Commission meeting. [2.] All Fire Department credit card statements From July 1, 2022, through July 1, 2024 (e.g., monthly statements) [3.] All Treasurer-Clerk… pay stubs from the hire date to July 1, 2024. [4.] All contractual Agreements signed by Water Board Chairman… executed in open meeting sessions and outside open meeting sessions between the Fire District and Northern Fire Tool and Equipment. Prior Appeals The request was the subject of prior appeals. See SPR24/2465 Determination of the Supervisor of Records (September 11, 2024) and SPR24/2867 Determination of the Supervisor of Records (October 31, 2024). In my October 31st determination, I found that it was unclear if the District possesses any records responsive to the request. The District responded on October 18, 2024, providing a fee estimate. Unsatisfied with the District’s response, Mr. Tobin petitioned this office and this appeal, SPR24/2997, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or

Melanie Roucoulet SPR24/2997 Page 3 November 18, 2024 municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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. The District’s Fee Estimates In a prior fee estimate on August 23, 2024, the District stated the following: [A]s the Dalton Fire District is considered a municipality with a population under 20,000 all hours of labor, including the first four hours have been included in the cost estimate below. In accordance with Massachusetts Public Records Law, [Mr. Tobin] will be billed $0.05 per copy at $25.00 per hour of labor which includes “segregation” as written. On August 30, 2024, a representative of the District stated, “my original cost of $18.00 was for a part time assistant of mine to photo copy over 1,000 bills that Mr. Tobin was looking for. He [then] added 5 more requests of records along with the 6 he had already submitted. Most of the requests I have to print as my assistant does not have access to my accounting software or even know where to find the documents. My rate of pay is almost $40.00 per hour so I changed the rate to $25.00 which I believe is a very fair price.” In its October 18, 2024 response, the District stated. “[the District] charges a per page copy fee of five cents ($0.05), plus an hourly rate of $25.00 per hour. The Estimate for [Mr. Tobin’s] request will be between $1,200.00 and $1,350.00.” The District breaks down its estimate as follows: [1.] All documents (e.g. expenditures, overtime sheets, purchases, equipment acquisitions, etc.) utilized by the District’s accounting firm in determining, and as reported by the District Treasurer, the deficient/debt of funds of $183,084, as emailed by the District’s Treasurer to the Fire Chief, July 29, 2024, and reported at an open meeting, and reported in the July 20, 2024 Commission meeting. [a.] 45-50 hours @ $25.00 = $1125.00-$1250.00 [b.] 900-1000pcs of paper = $45.00-$50.00

Melanie Roucoulet SPR24/2997 Page 4 November 18, 2024 [2.] All Fire Department credit card statements from July 1, 2022 through July 1, 2024 (e.g. monthly statements) [a.] 1-2 hours @ $25.00 = $25.00-$50.00 [3.] All Treasurer-Clerk… pay stubs from the hire date to July 1, 2024. [a.] ½ hour @ $25.00 = $12.50 [4.] All contractual agreements signed by Water Board Chairman… executed in open meeting sessions and outside open meeting sessions between the Fire District and Northern Fire Tool and Equipment. [a.] Exemption (f)… In an email sent to this office on November 4, 2024, subsequent to the opening of this appeal, the District stated, “[t]he biggest bulk of his request was not changed and is asking me to photo copy 2 years worth of bills, receipts ect. The amount of money for all of the [w]ork to be done is a lot. I don’t believe that I should make the taxpayers pay for all the time and money that it is going to take to complete his request. [Mr. Tobin] has changed his request 3 times but only by a few records. The majority of the records request is the same. We have been going back and forth with this same request since August.” Current Appeal In his appeal, Mr. Tobin states, “I attempted to work cooperatively and sent a Public Records Request on September 16, 2024… the District did not respond… I attempted to work with the District and reiterated the request on October 11, 2024… the District did not respond… On October 18, 2024, 12:44 PM, I received a back-dated response to my previous records requests from the District… It is clear the District has had ample opportunity to comply with Public Records Law. It is clear that the District only responded after I pointed out in the October 11, 2024 email, that I was contacting the Supervisor of Records. It is clear that the response was not within 10 business days. It is clear the District has the records from their untimely response.” G. L. c. 66, § 10(e) G. L. c. 66, § 10(e) provides that “[a] records access officer shall not charge a fee for a public record unless the records access officer responded to the requestor within 10 business days under subsection (b).” Where Mr. Tobin submitted a modified public records request on September 16, 2024, and the City provided a fee estimate on October 18, 2024, I find that it is unclear whether the City complied with G. L. c. 66, § 10(e). Specifically, the City must demonstrate whether it provided a response to Mr. Tobin’s request under G. L. c. 66, § 10(b) within 10 business days of receipt of the September 16th request. Conclusion Accordingly, the District is ordered to provide Mr. Tobin with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations

Melanie Roucoulet SPR24/2997 Page 5 November 18, 2024 within 10 business days. A copy of the 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. Mr. Tobin may appeal the substantive nature of the District’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Christian Tobin