Decision SPR15/0613

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The Commonwealth of Massachusetts 
William Francis Galvin, Secretary of the Commonwealth 
Public Records Division
Shawn A. Williams 
Supervisor ofRecords 
Ms. Carla Vitale
Town of Winthrop 
Office of the Town Clerk
Town Hall
1 Metcalf Square
Winthrop, MA 02152 
Dear Ms. Vitale:
December 5, 20 15 
SPRlS/613 
I have received the petition of Michael Bertino appealing the response of the Town of
Winthrop (Town) to his/her request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R.
32.08(2). Specifically, Mr. Bertino requested the opportunity to view copies of certain email and
other records. Upon receiving a fee estimate from the Town Mr. Bertino appealed.
A custodian of records may assess a reasonable fee for complying with a request for
public records. G. L. c. 66, § 1 O(a); see also 950 C.M.R. 32.06(2) (where cost of complying with
a request for public records is expected to exceed ten dollars ($1 0.00), custodian of records shall
provide written good faith estimate). Absent specific statutory authority to the contrary, the fees
to be charged for complying with requests for public records are established by the Public 
Records Access Regulations (Regulations). See 950 C.M.R. 32.06 (fees for public records).
Under the Regulations, a custodian ofrecords may assess a maximum fee of twenty cents ($.20)
per page for a photocopy of a public record and fifty cents ($.50) per page for a computer print
out of a public record. See 950 C.M.R. 32.06(1)(a).
In addition to the copying fee, the Regulations provide that in cases where search or
segregation time is necessary a custodian of records may charge a pro-rated fee based on the
hourly rate of the lowest paid employee who is capable of performing the task. 950 C.M.R.
32.06(1)(c). The Regulations define "search time" as the time needed to locate, pull from the
file, copy and refile public records, and "segregation time" as the time used to redact data that is
exempt from non-exempt material. 950 C.M.R. 32.03. The search and segregation fees must
reflect the actual cost of complying with a particular request. G. L. c. 66, § 10(a). 
OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914
www.sec.state.ma. us/ pre 
Ms. Carla Vitale
Page Two
December 8, 2015 
SPRIS/613 
It has come to my attention that the Town has revised its fee estimate. I find this revised
estimate to be in compliance with the Public Records Law and its Regulations. Upon payment of
this revised fee by Mr. Bertino, the Town must provide re ponsive records.
cc: Mr. Michael Bertino