Manning, David v. Massachusetts Department of Transportation (SPR 20261379)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 21, 2026 SPR26/1379 Zaxaro Mary Bennett, Esq. Senior Legal Records Coordinator Massachusetts Department of Transportation 10 Park Plaza Boston, MA 02116 Dear Attorney Bennett: On April 13, 2026, this office received your petition on behalf of the Massachusetts Department of Transportation (MassDOT) seeking permission 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 MassDOT furnished a copy of the petition to the requestor, David Manning. G. L. c. 66, § 10(c); G. L.c. 66, § 10(d)(iv)(2). On March 30, 2026, Mr. Manning requested, “[a]ll certified business records from January 1, 2015 through the date of response, including all certification statuses (active, expired, decertified, withdrawn, removed, and firms currently under revaluation per the October 2025 USDOT Interim Final Rule), containing [identified fields].” Petition to Assess Fees – Agencies 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 (Supervisor) 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). 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 an agency’s petition to allow the agency 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 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

Zaxaro Mary Bennett, Esq. SPR26/1379 Page 2 April 21, 2026 purpose. The second prong of the test is whether the fee represents an actual and good faith representation by the agency 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 – Agencies An agency 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). Agencies may not assess a fee for the first four (4) hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested. G. L. c. 66, § 10(d)(ii). Where appropriate, agencies 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. Current Petition In its petition, MassDOT requests permission “to waive statutory limits to fees…” In support of its petition, MassDOT provides the following information: We provided an initial response to a requester that is in compliance with G.L. c.66, §10(b). We are currently conducting a search for responsive records. However, based on prior requests of this nature and due to the substance of the request, we believe that many of the responsive records will require redaction of records or information that, without limitation, contain personal information under Section 7(26)(c). Therefore, MassDOT seeks the Supervisor’s permission to charge the requester for time spent segregating and redacting records that are responsive to the request. The Massachusetts Public Records Law allows redaction under Exemption (c) for records likely to contain “personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure

Zaxaro Mary Bennett, Esq. SPR26/1379 Page 3 April 21, 2026 of which may constitute an unwarranted invasion of personal privacy.” This may include personal information, of shareholders/members of a corporation/LLC, such as home address, contact information, or other private information the disclosure of which may constitute an unwarranted invasion of privacy. Based on the above, MassDOT should be allowed to charge for this work. Charging a fee in this matter is necessary because this request cannot be prudently completed without reviewing for and redacting such information under applicable exemptions. In light of MassDOT’s petition, I find that MassDOT 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, MassDOT may assess a fee for the segregation and redaction of such exempt material. See G. L. c. 66, § 10(d)(iv). Conclusion Accordingly, to the extent the responsive records contain the exempt information as described above, MassDOT may assess a fee for segregation and redaction. I encourage the parties to communicate further to enable MassDOT to provide records in an efficient and affordable manner. Please note, Mr. Manning 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: David Manning