Tina Brown v. Westwood, Town of - Public Schools (SPR 20252223)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 11, 2025 SPR25/2223 Harley Pease Executive Assistant Westwood Public School District 220 Nahatan Street Westwood, MA 02090 Dear Ms. Pease: I have received the petition of Tina Brown appealing the response of the Westwood Public School District (District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 13, 2025, Ms. Brown requested the following: [R]ecords related to the public meeting held by the Westwood School Committee at the Grazina Event Space, located at 83 Morse Street, Norwood, MA, on July 10, 2025. Specifically, I am requesting the following documents: [1] All invoices, receipts, contracts, or other documentation detailing the cost of renting or utilizing the Grazina Event Space for the aforementioned meeting. [2] All invoices, receipts, or other documentation detailing any costs incurred for meals, refreshments, catering, or food services provided in connection with the aforementioned meeting. [3] All invoices, receipts, or other documentation detailing any other expenses (e.g., audio/visual equipment rental, setup fees, staffing costs, transportation, etc.) directly related to the aforementioned meeting at the Grazina Event Space. The District responded on July 25, 2025, providing a fee estimate of $6.25. Unsatisfied with the response, Ms. Brown petitioned this office and this appeal, SPR25/2223, was opened as a result. Subsequently, the District 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

Tina Brown SPR25/2223 Page 2 August 11, 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 District’s July 25th and July 31st responses In its July 25, 2025 response, the District provided a fee estimate of $6.25 and stated it would take 0.25 hour at $25 an hour to complete the request. In the District’s July 31st supplemental response, the District stated, “[w]e have charged .25 of personnel time to this matter. We have done so as it will take time to locate the invoice, download it, upload it to the FOIA portal, and ensure we are providing all information that pertains to this request.” Based on the District’s responses, the 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 District must clarify if the 0.25 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 District must clarify this. For the reasons discussed above, I find the District 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 District is ordered to provide Ms. Brown 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.

Tina Brown SPR25/2223 Page 3 August 11, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Tina Brown