Dana Hourigan v. Mansfield, Town of - Town Clerk (SPR 20251222)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 5, 2025 SPR25/1222 Matthew Violette Assistant Town Manager Town of Mansfield 6 Park Row Mansfield, MA 02048 Dear Mr. Violette: On May 2, 2025, this office received the petition of Leo J. Peloquin, Esq., of Norris, Murray & Peloquin, LLC, on behalf of the Town of Mansfield (Town) seeking permission to waive statutory limits to fees and to charge for time spent segregating or redacting responsive records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Town furnished a copy of the petition to the requestor, Dana Hourigan. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On April 1, 2025, Ms. Hourigan requested, “the full report related to the Dumas v. Doherty case.” Previous Appeal This request was the subject of a previous appeal. See SPR25/1030 Determination of the Supervisor of Records (April 30, 2025). In my April 30th determination, I ordered the Town to revise its fee estimate or provide further explanation of how said fee estimate was consistent with G. L. c. 66, § 10(d). Petition to assess fees – Municipalities The Supervisor may approve a petition from a municipality to charge for time spent segregating or redacting or to charge in excess of $25 per hour, if the Supervisor determines that 1) the request is for a commercial purpose or 2) the fee represents an actual and good faith representation by the municipality to comply with the request. G. L. c. 66, § 10(d)(iv). In rendering such a decision, the Supervisor is required to consider the following: a) the public interest served by limiting the cost of public access to the records; b) the financial ability of the requestor to pay the additional or increased fees; and c) any other relevant extenuating circumstances. 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

Matthew Violette SPR25/1222 Page 2 May 5, 2025 The statute sets out a two-prong test for determining whether the Supervisor may approve a municipality’s petition to allow the municipality to charge for time spent segregating or redacting records or to charge in excess of $25 an hour for the provision of public records. The first prong is whether the request for records was made for a commercial purpose. G. L. c. 66, § 10(d)(iv). It is my understanding that this request was not placed for a commercial purpose. The second prong of the test is whether the fee represents an actual and good faith representation by the municipality to comply with the request. The Supervisor must consider 1) if the fee is necessary such that the request could not have been prudently completed without the redaction or segregation or fee in excess of $25 per hour; 2) the amount of the fee is reasonable; and 3) the fee is not designed to limit, deter or prevent access to requested public records. Id. Petitions seeking a waiver of statutory limits to fees assessed to segregate and/or redact public records must be made within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(g). Fee Estimates – Municipalities A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10(d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.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 2 (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, 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). Current Petition In its petition, the Town requests to charge fees for segregation and redaction of the responsive records at a rate of $75.00 per hour.

Matthew Violette SPR25/1222 Page 3 May 5, 2025 Conclusion The Town submitted its petition on May 2, 2025, more than ten business days after receipt of the request. In light of the fact the Town has not demonstrated it submitted a timely petition, permission to charge for time spent segregating or redacting responsive records or a waiver of statutory limits to fees cannot be granted. 950 C.M.R. 32.06(4)(d). Please be advised, this determination does not preclude the Town from charging for segregation and redaction that is required by law at a rate of $25.00 per hour. Sincerely, Manza Arthur Supervisor of Records cc: Dana Hourigan Leo J. Peloquin, Esq.