Erin Sibley v. Westwood, Town of - Clerk's Office (SPR 20253716)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 24, 2025 SPR25/3716 Molly Fitzpatrick Interim Town Administrator Westwood Town Hall 580 High Street Westwood, MA 02090 Dear Ms. Fitzpatrick: On December 23, 2025, this office received your petition on behalf of the Town of Westwood (Town) seeking permission to waive statutory limits to fees and to charge for time spent segregating or redacting responsive records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Town furnished a copy of the petition to the requestor, Erin Sibley. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On December 11, 2025, Ms. Sibley requested: [1] Any electronic communications (including email and text) between [combinations of five identified individuals][;] [2] Any electronic communications (including email and text) combinations of three identified individuals] between August 1, 2025, and December 10, 2025, regarding the Clapboardtree Street Meadow. Petition to Assess Fees- Municipalities The Supervisor may approve a petition from a municipality to charge for time spent segregating or redacting or to charge in excess of $25 per hour, if the Supervisor determines that 1) the request is for a commercial purpose or 2) the fee represents an actual and good faith representation by the municipality to comply with the request. G. L. c. 66, § 10(d)(iv). In rendering such a decision, the Supervisor is required to consider the following: a) the public interest served by limiting the cost of public access to the records; b) the financial ability of the requestor to pay the additional or increased fees; and c) any other relevant extenuating circumstances. 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

Molly Fitzpatrick SPR25/3716 Page 2 December 24, 2025 The statute sets out a two-prong test for determining whether the Supervisor may approve a municipality’s petition to allow the municipality to charge for time spent segregating or redacting records. The first prong is whether the request for records was made for a commercial purpose. G. L. c. 66, § 10(d)(iv). It is my understanding that this request was not made for a commercial purpose. The second prong of the test is whether the fee represents an actual and good faith representation by the municipality to comply with the request. The Supervisor must consider 1) if the fee is necessary such that the request could not have been prudently completed without the redaction or segregation; 2) the amount of the fee is reasonable; and 3) the fee is not designed to limit, deter or prevent access to requested public records. Id. Petitions seeking a waiver of statutory limits to fees assessed to segregate and/or redact public records must be made within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(g). 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 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). Petition to Assess Fees In its petition, the Town seeks permission to assess fees for time spent segregating and redacting responsive records. Subsequent to the opening of this petition, in an email to this office on December 23, 2025, the Town clarified that it seeks to charge for segregation and redaction pursuant to Exemptions (c) and (d) of the Public Records Law and provided the following information in support of its request:

Molly Fitzpatrick SPR25/3716 Page 3 December 24, 2025 Exemption (c) – Privacy… The records at issue may include personal contact information, personal communications, or other private information relating to identifiable individuals, including individuals who are not public officials. Exemption (d) – Deliberative Process… Communications among Select Board members regarding litigation strategy, legal interpretations of land use, and the Town’s role as landowner constitute deliberative materials that are pre-decisional and part of the Town’s policy and legal decision-making process. These materials are distinct from reasonably completed factual studies or reports. Given the sensitive and legally complex nature of the records, careful review, segregation, and redaction are necessary to ensure compliance with the Public Records Law while protecting exempt information. In light of the Town’s petition, I find the Town has met its burden to explain how given the nature of the responsive records, the request could not prudently be completed without redaction or segregation. See G. L. c. 66, § 10(d)(iv). To the extent the responsive records contain the exempt information as described above, the Town may assess a fee for the segregation and redaction of such exempt material. Fees in Excess of $25.00 per Hour In its petition, the Town requests permission to charge a fee of $96.15 per hour to segregate and redact the responsive records: This request requires a coordinated search across multiple email accounts and mobile devices of elected officials. Based on a preliminary assessment, the volume of potentially responsive records is expected to be substantial and will require careful review for legally exempt content, including attorney–client privileged communications, personal phone numbers, and communications subject to the deliberative process exemption. The responsive records are sensitive and complex in nature and require review by the Interim Town Administrator. Specifically: The request involves communications of elected officials, which frequently include policy deliberations, legal strategy, and other discussions that may fall within statutory exemptions. Many records may contain privileged communications, sensitive personnel-related information, or other protected material requiring a high level of judgment and legal familiarity. The Town does not have other staff trained or authorized to review these categories of records, and assigning this work to lower- paid employees would pose a substantial risk of inadvertent disclosure of exempt or confidential information. In light of the Town’s petition, I find the Town has partially met its burden to explain how, given the nature of the responsive records, the request could not prudently be completed

Molly Fitzpatrick SPR25/3716 Page 4 December 24, 2025 without assessing a fee in excess of $25.00 per hour. See G. L. c. 66, § 10(d)(iv). The Town may assess an hourly rate limited to $75.00 for segregation and redaction under the attorney- client privilege. However, the Town may not assess a fee in excess of $25.00 per hour for other tasks. G. L. c. 66, § 10(d)(iii). Conclusion Accordingly, to the extent the responsive records contain the exempt information as described above, the Town may assess a fee for segregation and redaction. Further, while the Town may assess a fee limited to the hourly rate of $75.00 for review of attorney-client privileged materials, the Town may not assess a fee in excess of $25.00 for other tasks. Please note, Ms. Sibley has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, §§ 10(c), 10(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Erin Sibley