Eric Richards v. Auburn, Town of - Town Clerk (SPR 20253527)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 15, 2025 SPR25/3527 Ginger Buteau Town Clerk Town of Auburn 104 Central Street Auburn, MA 01501 Dear Ms. Buteau: I have received the petition of Eric Richards appealing the response of the Town of Auburn (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. Richards requested “complete accounting trail for sidewalks/pedestrian safety, inception-present.” I understand the Town assigned reference number 2025-781 to this request. Previous Appeal This request was the subject of a previous appeal. See SPR25/3169 Determination of the Supervisor of Records (November 12, 2025). In my November 12th determination, I found that the Town had provided a timely fee estimate. However, I also ordered the Town to provide further explanation of how the fees are consistent with the Public Records Law. Subsequently, the Town responded on November 14, 2025. Unsatisfied with the Town’s response, Mr. Richards petitioned this office, and this appeal, SPR25/3169, 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 2 (two) hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested unless the 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

Ginger Buteau SPR25/3527 Page 2 December 15, 2025 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 November 14th Fee Estimate In its November 14, 2025 response, the Town provides a revised fee estimate of $96.04, and gives the following explanation in support of its fee estimate: [T]he following breakdown provides an estimate of the cost to respond to your request. The fee is being assessed since the town has less than 20,000 in population so the fee includes the first two hours of employee time to search for, compile, segregate, redact or reproduce the records. Financial records relating to your request, to be provided by the Accounting Office as noted below. Project codes, general ledger detail, encumbrances and ARPA ledger entries (10): .50 hour • Time spent to research project account codes (.17) and to generate the ten reports from our computer system for FY2024 – FY2026 (.33). Accounts Payable warrants and warrant lists (9): 1.0 hour • Accounts payable warrants are filed by paper copy in binders. The request requires nine warrants and warrant lists to be located (.92) and scanned (.08). Purchase orders (9): 1.0 hour • Purchase orders are stored in storage boxes for prior years and in the accounting office file for the current year. Time is to locate the proper storage box or file (.25), locate the purchase order by department and number (.67) and scan the nine purchase orders (.08). Invoices (14): 1.5 Hours • Invoices are stored in storage boxes for prior years and in the accounting office file for the current year by warrant number. Time is to locate the proper storage box or file (.50), locate the particular invoice within all the invoices paid in that warrant (.92) and then scan the 14 invoices (.08).

Ginger Buteau SPR25/3527 Page 3 December 15, 2025 Total Hours: 4 hours Rate of lowest paid employee in department that can perform the task: $24.01/hour Total Estimate: $96.04 Based on the information provided in the Town’s November 14th response, the Town has explained the amount of time required to search for and reproduce the records, has explained the tasks involved, and has not included any fees for time to segregate or redact the records. Additionally, the Town has confirmed that it has a population of less than 20,000 and may charge for the first two hours of work, and has also confirmed that it is assessing a fee at the hourly rate of the lowest paid employee who has the necessary skills to perform the tasks. In light of the Town’s November 14th response, I find the Town has met its burden to explain how it has provided a reasonable fee estimate for the production of records responsive to this request. See G. L. c. 66, § 10(d) (a records access officer may assess a reasonable fee for the production of a public record). Conclusion As set forth above, I find the Town has met its burden in responding to Mr. Richards’ request at this time. Any revision to the request would result in the requirement to issue a revised fee estimate. Accordingly, I will consider this administrative appeal closed. If Mr. Richards is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Eric Richards