Cory Bombredi v. Barre, Town of - Town Administrator (SPR 20251974)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 17, 2025 SPR25/1974 Greg Balukonis Interim Town Administrator Town of Barre 40 West Street, Suite 697 Barre, MA 01005 Dear Mr. Balukonis: I have received the petition of Cory Bombredi appealing the response of the Town of Barre (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 23, 2025, Mr. Bombredi requested: [1] Final Investigative Report … I am requesting a copy of the final report submitted by Employment Practices Group, LLC (investigator: [an identified individual]… [2] All Invoices Paid to Employment Practices Group[,] Please provide all invoices issued by Employment Practices Group, LLC or [an identified individual] for services related to this investigation, including but not limited to: • Investigative and consultation fees • Interview time • Drafting/reporting • Correspondence with town officials or legal counsel [3] Transmittal Records from Employment Practices Group[,] Please provide copies of any emails or written correspondence between any Town of Barre official or employee and Employment Practices Group, LLC relating to: • Submission or transmittal of the final report (with attachments or download links) • Any associated delivery memos or cover letters This includes emails exchanged with Town Counsel, the Town Administrator, Executive Assistant, or any member of the Select Board. 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

Greg Balukonis SPR25/1974 Page 2 July 17, 2025 On July 8, 2025, the Town responded, providing a fee estimate. Unsatisfied with the Town’s response, Mr. Bombredi petitioned this office and this appeal, SPR25/1974, was opened as a result. Fees Estimates - Municipalities 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. 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 how 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 July 8th response In its July 8, 2025 response, the Town provided a fee estimate of $100.25 and stated the following: You have … requested documents which may contain personally identifiable information subject to redaction under Exemptions (a) and (c) of the Public Records Law…. The disclosure of documents containing personally identifiable information and other personal information which would result in an unwarranted invasion of privacy are protected from disclosure pursuant to Exemptions (a) and (c). Therefore, any such information will be redacted from any documents provided…. It is estimated that it will cost a total of $100.25 to comply with the request. This estimate is based on the hourly rate of the lowest paid person capable of searching for the responsive records, in accordance with 950 CMR 32.07(2)(i). Such hourly

Greg Balukonis SPR25/1974 Page 3 July 17, 2025 rate shall not exceed $25.00 per hour unless otherwise authorized by the Supervisor of Records. Where the lowest paid employees capable of doing this work are paid at rates of more than $25.00 per hour, you will be charged at the maximum rate of $25.00 per hour. Further, where you have specifically requested privileged material, communications and invoices from legal counsel, Town Counsel is the only employee capable of review and redaction. Please note, that at the last Decennial U.S. Census the Town had a population of 5,528 and because the Town has less than 20,000 residents you will be charged for all hours of work associated with this request. [1] Investigatory Report: The responsive report is 236 pages and includes 123 exhibits. The report was commissioned by the Town for the purposes of providing the Town with legal advice. Estimate of time to redact where required by law: 1.5 hours (approximately 15 seconds/page) by Town Counsel. Total: 1.5 hours x $25.00/hour= $37.50 [2] All Invoices Paid to Employment Practices Group: It is estimated there are approximately 19 potentially responsive records. Estimate of time to search for, locate, review for responsiveness and produce records: 0.75 hours by Town Staff, based on actual search time. Estimate of time to redact where required by law: 0.01 hour (approximately 15 seconds/page) by Town Counsel. Total: 0.51 hour x $25.00/hour= $12.75 [3] Transmittal Records from Employment Practices Group: It is estimated there are approximately dozens of potentially responsive records. Estimate of time to develop search terms, run search, locate, review for responsiveness, produce records: 1.5 hours by Town IT Staff. Estimate of time to redact where required by law: 0.5 hour by Town Counsel. Total: 2 hours x $25.00/hour= $50.00 Total: 4.01 hours x $25.00/hour= $100.25 Where the Town states that the records “may contain personally identifiable information subject to redaction under Exemptions (a) and (c) of the Public Records Law,” it is unclear how the Town can assess a fee for redactions under Exemption (c) in this matter. The Town is advised that, pursuant to 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

Greg Balukonis SPR25/1974 Page 4 July 17, 2025 Supervisor of Records under 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). I am not aware that the Town has submitted a petition under G. L. c. 66, § 10(d)(iv). As such, although the Town may assess a fee for redactions required by law, it is uncertain whether the fees include time to redact records under Exemption (c). Further, for the Town to charge a fee for redactions made under Exemption (a), it must first state the applicable statues, if any. The Town must clarify these matters. I encourage Mr. Bombredi and the Town to communicate further in order to facilitate producing records efficiently and affordably. G. L. c. 66, § l0(a)(i). Conclusion Accordingly, the Town is ordered to provide Mr. Bombredi with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 10 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. Sincerely, Manza Arthur Supervisor of Records cc: Cory Bombredi