Paul M. Holland Jr. v. Braintree, Town of - Town Clerk (SPR 20252726)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 18, 2025 SPR25/2726 Marybeth McGrath Records Access Officer Building/Health Department Town of Braintree 1 John F. Kennedy Memorial Drive Braintree, MA 02184 Dear Ms. McGrath: I have received the petition of Paul Holland appealing the response of the Town of Braintree (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 29, 2025, Mr. Holland requested “… the conditions of Covantas license to operate and when was the last time they were inspected prior to [May 29, 2025] … a copy of the contract with the town as well as any complaints since 2013.” The Town responded on May 30 and September 15, 2025. Unsatisfied with the Town’s responses, Mr. Holland petitioned this office and this appeal, SPR25/2726, was opened as a result. 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 (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 hour if such rate is approved by the Supervisor of Records under a petition under 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

Marybeth McGrath SPR25/2726 Page 2 September 18, 2025 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 May 30th and September 15th Responses In its May 30, 2025 response, the Town informed Mr. Holland that it would be working to address his request. On August 19, 2025, Mr. Holland requested an update as to the status of his request. In its initial September 15, 2025 response, the Town acknowledged Mr. Holland’s request and informed him that it would be preparing a cost estimate. In its subsequent September 15, 2025 response, the Town assessed a fee of $850.00 to produce responsive records. G. L. c. 66, § 10(e) G. L. c. 66, § 10(e) provides that “[a] records access officer shall not charge a fee for a public record unless the records access officer responded to the requestor within 10 business days under subsection (b).” In this case, where Mr. Holland submitted his public records request on May 29, 2025 and the Town provided a fee estimate on September 15, 2025, I find that the Town did not provide Mr. Holland with a response to his request within 10 business days of receipt of the request, as required to assess a fee under G. L. c. 66, § 10(e). Consequently, I find that the Town may not assess a fee to produce records responsive to the request. Conclusion Accordingly, the Town is ordered to provide Mr. Holland with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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. Mr. Holland may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Paul Holland