Matt Magnarelli v. West Boylston, Town of - Town Clerk (SPR 20250616)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 12, 2025 SPR25/0616 Ms. Daymian R. Bartek Town Clerk Town of West Boylston 140 Worcester Street West Boylston, MA 01583 Dear Ms. Bartek: I have received the petition of Matt Magnarelli appealing the response of the Town of West Boylston (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 18, 2025, Mr. Magnarelli requested “[a]ny emails, notes, texts or memos sent or received from [an identified individual] since 1/1/25 that contain any of [six key words].” The Town provided a response on February 27, 2025. Unsatisfied with the response, Mr. Magnarelli petitioned this office and this appeal, SPR25/0616, 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 approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). 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

Daymian R. Bartek SPR25/0616 Page 2 March 12, 2025 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 27th Response In its February 27, 2025 response, the Town informed Mr. Magnarelli that it possessed responsive communications from “numerous individuals,” and assessed a fee of $75.00 to provide responsive records. The Town’s estimate was detailed as follows: Title Hours Per Hour Cost Request: $75.00 Record Access Officer, search for 1 hour $25.00 total / reduced to responsive records in response to $25.00 per hour, as the request required. Information Technology 1 hour $25.00 total / reduced to Consultant, search for responsive $25.00 per hour, as records in response to request required. Town Counsel – segregation 1 hour $25.00 total / reduced to required by law for [attorney-client] $25.00 per hour, as privilege required. TOTAL $75.00 In its response, the Town stated that because it had fewer than 20,000 residents as of the last decennial census, it would be assessing a fee for all time associated with responding to the request. The Town further stated that the lowest paid employee with the skill necessary to respond to the request was compensated at a rate greater than $25.00 per hour. Although the Town has estimated that the process of compiling, reviewing, and preparing responsive documents for production will take 3 hours of employee time, the Town has not provided sufficient explanation of why 3 hours of employee time is necessary. Specifically, it is unclear why the Town requires 1 hour to segregate and redact the responsive records pursuant to the attorney-client privilege. The Town must clarify how many pages of responsive records it possesses, and how many minutes per page it requires to segregate and redact said records. For the reasons discussed above, I find the Town must revise its fee estimate or provide further explanation of how the fee of $75.00 assessed in its February 27, 2025 estimate is consistent with G. L. c. 66, § 10(d). This office encourages Mr. Magnarelli 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

Daymian R. Bartek SPR25/0616 Page 3 March 12, 2025 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. Conclusion Accordingly, the Town is ordered to provide Mr. Magnarelli 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. Mr. Magnarelli 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: Matt Magnarelli