Commonwealth Transparency v. Barnstable, Town of - Office of Town Clerk (SPR 20250492)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 21, 2025 SPR25/0492 Ann Quirk Town Clerk Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Ms. Quirk: I have received the petition of Commonwealth Transparency (requestor) appealing the response of the Town of Barnstable (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 1, 2025, the requestor sought communications relating to “[t]he Commonwealth of Massachusetts’ Emergency Shelter Policy, specifically, but not limited to Statement(s) on ‘Changes to the State’s Emergency Shelter Policy’” between October 20, 2024 and December 10, 2024. Previous Appeal This request was the subject of a previous appeal. See SPR25/0394 Determination of the Supervisor of Records (February 14, 2025). In my February 14th determination, I ordered the Town to revise its fee estimate or provide further explanation of how the estimate was consistent with G. L. c. 66, § 10(d). The Town provided a response on February 19, 2025. Unsatisfied with the Town’s response, the requestor petitioned this office and this appeal, SPR25/0492, 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). 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

Ann Quirk SPR25/0492 Page 2 February 21, 2025 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 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 February 19th Response In its February 19, 2025, response, the Town assessed a fee of $88.25 to provide the requestor with an estimated 136 responsive email communications. The Town detailed its estimate follows: TIME for I.T. TO SEARCH TOWN 1.0 Hours @ $25.00 per hour $0.00 OF BARNSTABLE EMAIL Server (First 2 hours No Charge) ESTIMATED SEGREGATION/REDACTION TIME 3.53 Hours (4.53 hours TO REVIEW FOR minus 2nd Hour Free) @ $88.25 RESPONSIVENESS AND $25.00 per hour = ATTORNEY-CLIENT PRIVILEGE = 4.53 hours (2 minutes per email) TOTAL ESTIMATED COST $88.25 In its response, the Town confirmed that the lowest paid employee with the skill necessary to respond to the request is compensated at a rate greater than $25.00 per hour. Where the Town has explained the amount of time it requires to search for, compile, and reproduce the requested records and confirmed that the lowest paid individual with the skill necessary to perform those tasks is paid more than $25.00 per hour, I find that the Town has met its burden to establish that it would take this amount of time to produce the responsive records. See G. L. c. 66, § 10(d) (a records access officer may assess a reasonable fee for the production of a public record). Conclusion Accordingly, I will now consider this administrative appeal closed. If the requestor is not satisfied with the resolution of this administrative appeal, please be advised that this office shares

Ann Quirk SPR25/0492 Page 3 February 21, 2025 jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Commonwealth Transparency Allison Cogliano, Esq.