Collins, Cynthia v. Amesbury, City of - City Clerk (SPR 20260477)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 25, 2026 SPR26/0477 Jennifer E. Smith City Clerk City of Amesbury 62 Friend Street Amesbury, MA 01913 Dear Ms. Smith: I have received the petition of Cynthia Collins appealing the response of the City of Amesbury (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 5, 2025, Ms. Collins requested: Timeframe Requested: October 25, 2025 - December 5, 2025. Request Scope: This request pertains specifically to the October 30 AIHS boiler incident, all municipal response actions, building safety determinations, coordination with APS, and all communications involving the AIHS lease, landlord responsibilities, rent discussions, and potential lease termination. [1] Fire Department Communications Please provide all emails, texts, memos, reports, drafts, photos, call logs, notes, and communications sent or received by: • [An identified individual][;] • Any Amesbury Fire Department personnel involved in inspections of AIHS[.] Topics include: • The October 30 incident[;] • Safety concerns, boiler condition, electrical issues, or alarm panel status[;] • Asbestos or lead concerns raised to APS[;] • Recommendations regarding building closure or re-occupancy[;] • Communications with Amesbury Public School (APS), the landlord, or the Mayor’s Office[.] [2] Board of Health / Public Health Communications 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

Jennifer Smith SPR26/0477 Page 2 February 25, 2026 Provide all emails, memos, reports, assessments, and communications regarding: • Asbestos status[;] • Air quality, environmental testing[;] • Lead paint concerns[;] • Building safety[;] • Recommended remediation or abatement procedures[;] • Communication with APS, lnspectional Services, or the landlord[.] [3] lnspectional Services Communications Provide all records from: • [Two identified individuals][;] • Any inspector involved with AIHS[.] Related to: • Structural concerns[;] • Egress, exit signs, fire safety[;] • Electrical systems[;] • Boiler, mechanical systems[;] • Any inspection refusal, delay, or scheduling issue[;] • Internal discussions referencing APS, AIHS, the landlord, or the Mayor’s Office[.] [4] Mayor’s Office Communications Provide all communications involving: • [An identified individual][;] • Any member of [an identified individual’s] office[.] On topics including: • AIHS building condition[;] • Lease concerns or discussions[;] • Rent payment status or disputes[;] • Public messaging or guidance to APS[;] • Asbestos, lead, or environmental safety concerns[;] • Coordination with APS or the Fire Department[.] [5] Communications with the Landlord All Saints Anglican Church Provide all communications exchanged between municipal staff and: • [An identified individual][;] • Members of the Vestry[;] • Any church trustee, representative, or agent[.] Topics include: • The October 30 incident[;] • Required repairs or remediation[;] • Inspection access or delays[;]

Jennifer Smith SPR26/0477 Page 3 February 25, 2026 • Lease obligations or landlord responsibilities[.] Previous Appeals The requested records were the subject of previous appeals. See SPR26/0043 Determination of the Supervisor of Records (January 16, 2026) and SPR25/0182 Determination of the Supervisor of Records (February 3, 2026). In my February 3rd determination, I addressed each item and encouraged the parties to communicate to facilitate providing records more efficiently and affordably. The City responded on February 9, 2026. Unsatisfied with the City’s response, Ms. Collins petitioned this office and this appeal, SPR26/0477, 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). 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). Current Appeal In her appeal petition, Ms. Collins contends that “… this estimate is unreasonable, speculative, and not supported by Massachusetts public records law or the authorities cited by the City. The request is expressly limited to a defined 39-day timeframe, from October 25 through December 5, 2025, and concerns a single, date-certain municipal incident: the October 30, 2025 boiler failure at a municipal school facility and the City’s response to that incident.” The City’s February 9th Response On February 9, 2026, the City advised that the fee estimate is $1,750.00 and in support asserted,

Jennifer Smith SPR26/0477 Page 4 February 25, 2026 … it is estimated that it will take weeks, if not months, to research and gather the information as currently outlined by your public records request … It is estimated that in this case it will take a minimum of 70 hours to locate and review the requested records, with the average hourly rate of the lowest paid employee capable of performing such work of $25.00. 950 CMR 32.03. It is therefore estimated that the total cost to provide copies of responsive records will be $1,750.00, 950 CMR 32.06(2). Although the City has estimated that the process of reviewing, and preparing responsive documents for production will take 70 hours to search for and review the requested records, it is unclear if the City will also need to segregate and redact. It is unclear how the City requires this amount of time to produce responsive records. The City must advise how much time it is allocating to search and how much time to segregate and redact the records, if required. It is also uncertain how many pages of records the City intends to review and how many minutes per page the City requires to review the records. Additionally, if the City intends to redact, the City must state the applicable statutes. Pursuant to the Public Records Law, a fee may 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)(ii); 950 C.M.R. 32.06(4). The City must clarify. The City is reminded it cannot charge a requestor for the time it takes to search for responsive records based on the organization and management of its records. Public records must be maintained and kept in a manner that allows access by the public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § l0(a); see G. L. c. 66, § 12; see also Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289-90 (1979). For the reasons discussed above, I find the City must revise its fee estimate or provide further explanation of how the fee estimate of $1,750.00, is consistent with G. L. c. 66, § 10(d). This office encourages Ms. Collins and the City to communicate to facilitate providing records more efficiently and affordably. Ms. Collins may consider narrowing the scope of her request to enable the City to provide the records more efficiently and affordably. The City must use its superior knowledge of the records to suggest any potential reasonable modifications to the request. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce the records sought more efficiently and affordably). Conclusion Accordingly, the City is ordered to provide Ms. Collins with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations

Jennifer Smith SPR26/0477 Page 5 February 25, 2026 within ten (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. Ms. Collins may further appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Cynthia Collins