James Carver v. Westwood, Town of - Clerk's Office (SPR 20252196)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 5, 2025 SPR25/2196 Dottie Powers Town Clerk Town of Westwood 580 High Street Westwood, MA 02090 Dear Ms. Powers: I have received the petition of James Carver appealing the response of the Town of Westwood (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 14, 2025, Mr. Carver requested the following specific information regarding an identified Town employee: [1] Full name [2] Current job title [3] Date of hire [4] Current salary (including any other compensation paid) [5] Current job description, including core duties and daily responsibilities [6] Resume [7] Current employment contract [8] Any materials provided by the employee to the Town that outline her qualifications for the position, including but not limited to cover letters, statements of qualifications, or applications submitted at the time of hire or appointment[.] The Town responded on July 25, 2025, providing a fee estimate of $25. Unsatisfied with the Town’s response, Mr. Carver petitioned this office and this appeal, SPR25/2196, was opened as a result. Subsequently, the Town provided a supplemental response on July 31, 2025. 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. 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

Dottie Powers SPR25/2196 Page 2 August 5, 2025 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 25th and July 31st response In its July 25, 2025 response, the Town provided a fee estimate of $25.00 and stated it would take one hour of work at $25 an hour to provide the responsive records. In its July 31st response, the Town states, “[i]t will take time to locate the materials for the request, as [an identified individual] was hired years ago. Additionally, it will take time to redact the documents, per § 801.56 (Unwarranted invasion of personal privacy. Pursuant to 5 U.S.C. 552(b)(6), any personal, medical, or similar file is exempt from public disclosure if its disclosure would harm the individual concerned or would be a clearly unwarranted invasion of the person’s personal privacy.)” In its response, the Town states that “it will take time to redact the documents, per § 801.56[.]” However, it is uncertain whether the fees include time to redact records under another exemption. Please note that, in accordance with the Public Records Law, 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 must clarify this. Further, although the Town has estimated that the process of compiling, reviewing, and preparing requested records requires 1 hour to produce responsive records, it is not clear from the Town’s estimate how much time is allocated to search, and how much time is allocated for segregation and/or redaction of the records. Accordingly, the Town must provide further details regarding its fee estimate. See G. L. c. 66, § 10(d)(iv) (requiring the amount of the fee be reasonable).

Dottie Powers SPR25/2196 Page 3 August 5, 2025 In addition, the Town’s fee estimate lacks confirmation that the rate per hour is of the lowest paid employee who is capable of performing the task(s). Additionally, the Town must clarify if the 1 hour includes the first free 2 hours to search for, compile, segregate, redact or reproduce records. 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). The Town must clarify this. For the reasons discussed above, I find the Town must revise its fee estimate or provide further explanation of how the fee assessed is expressly provided for and consistent with G. L. c. 66, § 10(d). Conclusion Accordingly, the Town is ordered to provide Mr. Carver 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: James Carver