Maria Kopicki v. Amherst, Town of - Office of the Town Clerk (SPR 20250553)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 11, 2025 SPR25/0553 Susan Audette Town Clerk Town of Amherst 4 Boltwood Avenue, Town Hall Amherst, MA 01002 Dear Ms. Audette: I have received the petition of Maria Kopicki appealing the response of the Town of Amherst (Amherst) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 13, 2025, Ms. Kopicki requested all documents and email communications “… regarding the environmental (NEPA/MEPA) review for the Jones Library building project.” Previous Appeal This request was the subject of a previous appeal. See SPR25/0385 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 its assessed fee is consistent with G. L. c. 66, § 10(d). The Town provided a response on February 25, 2025. Unsatisfied with the response, Ms. Kopicki petitioned this office and this appeal, SPR25/0553, 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 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

Susan Audette SPR25/0553 Page 2 March 11, 2025 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 25th Response In its February 25, 2025 response, the Town assessed a fee of $171.00 to provide Ms. Kopicki with approximately 500 responsive emails. The Town stated that it had spent 30 minutes searching for the responsive records, and estimated that it would require approximately 1 minute to review each email for exempt material under Exemption (c) of the Public Records Law, totaling 8.84 hours to search for, segregate, and redact the responsive records. The Town further stated that it was not charging for the first two hours of staff time necessary to respond to the request, and that the lowest paid staff member with the skill necessary to respond to the request was compensated at a rate greater than $25 per hour. In a February 27, 2025 telephone conversation with this office, the Town confirmed that it was seeking to assess a fee for the segregation and redaction of records solely under Exemption (c) of the Public Records Law. Please be aware, under 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 pursuant to 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). Where the Town has not submitted a petition under G. L. c. 66, § 10(d)(iv), I find the Town may not assess a fee for time spent to segregate and redact records under Exemption (c). For the reason discussed above, I find the Town must revise its fee estimate or provide further explanation of how the fee of $171.00 assessed in its February 25th estimate is consistent with G. L. c. 66, § 10(d). This office encourages Ms. Kopicki and the Town to communicate further in order to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce the records sought more efficiently and affordably). Any revision to the request would result in the requirement to issue a revised fee estimate.

Susan Audette SPR25/0553 Page 3 March 11, 2025 Conclusion Accordingly, the Town is ordered to provide Ms. Kopicki with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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. Kopicki may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Maria Kopicki