Cory Bombredi v. Barre, Town of - Town Administrator (SPR 20252200)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 7, 2025 SPR25/2200 Chief James Sabourin Interim Town Administrator Town of Barre 40 West Street, Suite 697 Barre, MA 01005 Dear Chief Sabourin: 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

Chief James Sabourin SPR25/2200 Page 2 August 7, 2025 Previous Appeal This request was the subject of a previous appeal. See SPR25/1974 Determination of the Supervisor of Records (July 17, 2025). In my July 17th determination, I found it unclear how the Town could charge a fee for redactions made under Exemption (c) and found that the Town needed to state applicable statutes for redactions made under Exemption (a). The Town provided a response on July 28, 2025. Unsatisfied with the Town’s response, Mr. Bombredi petitioned this office and this appeal, SPR25/2200, was opened as a result. Subsequently, the Town provided a supplemental response on August 6, 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. 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 and August 6th responses In its July 8, 2025 response, the Town provided a fee estimate of $100.25 and stated the following: 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 rate shall not exceed $25.00 per hour unless otherwise authorized by the Supervisor of Records.

Chief James Sabourin SPR25/2200 Page 3 August 7, 2025 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 In the Town’s August 6th response, the Town states, “[t]o clarify in regard to the … appeal, the only fees assessed for conducting redactions are for those under attorney-client privilege.” In this case, the Town has explained that it will charge for segregation and redaction of the records as required by law under the attorney-client privilege, has explained the amount of time required to segregate and redact records, has clarified that the 4.01 hours do not include the first free 2 hours to search for, compile, segregate, redact or reproduce records, and confirmed

Chief James Sabourin SPR25/2200 Page 4 August 7, 2025 that the lowest paid individual with the necessary skill is paid more than $25 per hour. As such, I find the Town has met its burden to establish that it would take this amount of time to prepare the responsive records for production. See G. L. c. 66, § 10(d) (a records access officer may assess a reasonable fee for the production of a public record). I encourage Mr. Bombredi and the Town to communicate in order to facilitate producing records efficiently and affordably. The requestor may wish to narrow the parameters or include applicable time periods or factors to enable the search to be processed. Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Cory Bombredi Hayley A. Reifeiss