Ryan Connor v. Town of Tewksbury - Health Department (SPR 20252967)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 21, 2025 SPR25/2967 Steven Sadwick Record Access Officer Health Department Town of Tewksbury 1009 Main Street Tewksbury, MA 01876 Dear Mr. Sadwick: I have received the petition of Ryan Connor appealing the response of the Town of Tewksbury (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 6, 2025, Mr. Connor requested the following: [1] Reports, memoranda, correspondence, or data prepared by or referencing Camp, Dresser & McKee (CDM) from January 1, 1985 through December 31, 1992, concerning groundwater or drinking water contamination in the Town of Tewksbury, including the Rocco’s Disposal Area . . .[;] [2] Internal and external communications . . . between the Tewksbury Board of Health, MassDEP (formerly DEQE), or any consultants, regarding: Drinking water safety or contamination findings, Use or closure of municipal wells, CDM findings or reports, and [t]he Town’s response to public or media inquiries[;] [3] Any copies, references, or correspondence related to a 1986 Tewksbury Advertiser article that discussed CDM’s findings on drinking water contamination or the Board of Health’s response to those findings[;] [4] . . . [A]ny available newspaper clippings, press releases, or Board of Health meeting minutes from 1985–1992 that mention these topics. The Town responded on October 8, 2025, providing a fee estimate. Unsatisfied with the Town’s response and objecting to the fees, Mr. Connor petitioned this office and this appeal, SPR25/2967, was opened as a result. 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

Steven Sadwick SPR25/2967 Page 2 October 21, 2025 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). 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 October 8th Fee Estimate In its October 8, 2025 response, the Town provided a total fee estimate of $700.00 and further stated the following in support of its fee estimate: While we do not foresee withholding material at this time, we may find that some material may need to be redacted and would let you know ahead of time. . . . Our good faith estimate is 30 hours to complete this request over the next 3 weeks. According to the law, given the size of the community, the first two hours are free of charge. We are authorized to charge the hourly rate up to $25/ hour. Our good faith estimate is $700 that would need to be paid prior to us undertaking this request. Subsequent to the opening of this appeal, in an email to this office and Mr. Connor on October 10, 2025, a representative for the Town stated, “[w]e have started a preliminary search of our records and have found that the only records that exist related to the request are electronic files. We are withdrawing the good faith estimate . . . and will provide our findings at no charge to Mr. Connor by October 30, 2025.” Conclusion Based on the Town’s October 10th response, in which it indicates that the Town intends to provide the records at no charge, I find it unnecessary to opine on the Town’s October 8th fee

Steven Sadwick SPR25/2967 Page 3 October 21, 2025 estimate. Consequently, I will now consider this administrative appeal closed. Once records are provided, Mr. Connor may appeal the substantive nature of the Town’s response within ninety calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ryan Connor