Doherty, Addison v. Marblehead, Town of - Public Schools (SPR 20260691)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 5, 2026 SPR26/0691 Lisa Dimier Records Access Officer Marblehead Public Schools 9 Widger Road Marblehead, MA 01945 Dear Ms. Dimier: February 27, 2026, this office received your petition on behalf of the Marblehead Public Schools (School) seeking permission to charge for time spent segregating or redacting responsive records and a waiver of statutory limits on fees that may be assessed in responding to a public records request. 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 School furnished a copy of the petition to the requestor, Addison Doherty, Esq., of Sherin and Lodgen. G. L. c. 66, § 10(c); G. L.c. 66, § 10(d)(iv)(2). On February 17, 2026, Attorney Doherty requested the following: …for December 1, 2023 through year-to-date: [1] All amounts paid by the Marblehead School Committee and/or Marblehead Public Schools to [identified law firm] for legal services provided, including without limitation phone calls, emails, and letters, in connection with [identified individual] and/or his separation agreement; [2] All records reflecting disbursements made to [identified law firm], and the approved hourly rates, retainers, and/or fee schedules applicable to VDH for legal services, including without limitation phone calls, emails, and letters, in connection with [identified individual] and/or his separation agreement. Petition to Assess Fees – Municipalities The Supervisor of Records (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, 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

Lisa Dimier SPR26/0691 Page 2 March 5, 2026 § 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). 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 determination 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 or fee in excess of $25 per hour; 2) the amount of the fee is reasonable; and 3) the fee is not designed to limit, deter or prevent access to requested public records. Id. Fee Estimates – Municipalities A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10(d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.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, aside from segregation and redaction under the attorney-client privilege, the School requests permission “to assess a fee to redact the requested documents” pursuant to Exemption (c) of the Public Records Law. In support of its petition, the School provides the

Lisa Dimier SPR26/0691 Page 3 March 5, 2026 following information: The District possesses records responsive to the request. However, the requested records must be redacted where many of the responsive documents will meet the following inclusive, not exhaustive, exemptions set forth in M.G.L. c. 4, §7(26): • Exemption (c) – Legal bills are likely to contain information related to an employee’s personnel/ medical issue that required legal consultation. This includes, but is not limited to, employee disciplinary information and individual accommodations. Legal bills are also likely to contain information related to a student’s medical issues that required legal consultation. … In light of the School’s petition, I find that the School 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 School may assess a fee for the segregation and redaction of such exempt material. See G. L. c. 66, § 10(d)(iv). Fees in Excess of $25.00 per Hour In its petition, the School requests, “approval to charge an hourly rate of $75 per hour,” for tasks that fall under Exemption (a) of the public records law. In support of its request, the School provides the following information concerning anticipated redactions: The redaction of the requested documents requires both knowledge in law and knowledge of the facts at issue. Accordingly, this redaction cannot be performed by a District employee; rather, it must be completed by legal counsel for the District. In particular, the records requested must be reviewed and redacted by an individual who is knowledgeable, well-versed, and trained in the following subject areas: • Case law responsive to Exemption (c), and specifically, how the Supervisor of Public Records and courts have interpreted the type of information that may be redacted and applying those decisions to the requested records; • Attorney-client privilege, and specifically, the application of Suffolk Constr. Co. v. Div. of Capital Asset Mgmt., 449 Mass. 444 (2007) and other cases as to what constitutes information falling under the attorney-client privilege that must be redacted. The hourly rate associated with the lowest paid employee who has the necessary skill required to perform this task is $265 per hour. However, is willing to lower the hourly rate to $75 per hour.

Lisa Dimier SPR26/0691 Page 4 March 5, 2026 In light of the School’s petition, I find the School has partially met its burden to explain how, given the nature of the responsive records, the request could not prudently be completed without assessing a fee in excess of $25.00 per hour. See G. L. c. 66, § 10(d)(iv). The School may assess an hourly rate limited to $75.00 for attorney review for segregation and redaction under the attorney-client privilege. However, the School 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 School may assess a fee for segregation and redaction. Further, while the School may assess a fee limited to the hourly rate of $75.00 for attorney review, the School may not assess a fee in excess of $25.00 for other tasks. Please note, Attorney Doherty 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: Addison Doherty, Esq.