Decision SPR21/3277

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The Commonwealth of Massachusetts 
William Francis Galvin, Secretary of the Commonwealth
Public Records Division 
Rebecca S. Murray 
Supervisor of Records 
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 
December 21, 2021 
SPR21/3277 
Denise Quist 
Town Clerk 
Winthrop Town Hall 
1 Metcalf Square 
Winthrop, MA 02152 
Dear Ms. Quist: 
I have received your petition on behalf of the Town of Winthrop (Town) seeking a
waiver of statutory limits on fees that may be assessed in responding to the request and
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, the Town
furnished a copy of this petition to the requestor. Id. On December 8, 2021, Joanne Delcore
requested: 
1. A copy of the Town Clerk’s office environment report; 
2. Invoice from attorney’s office that handled the matter; 
3. Emails, notes, or communication sent to The Director and Secretary of the
Human Resource office [from identified individuals] from [identified individual]
between the months of July 2020 to August 2021. 
Petitions to Assess Fees 
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)(iii); 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). 
Denise Quist SPR21/3277
Page 2
December 21, 2021 
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; 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 
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) 
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). 
Petitions relating to fees must be submitted to the Supervisor within ten business days after
receipt of a request for public records. 950 C.M.R. 32.06(4)(g). 
Denise Quist SPR21/3277
Page 3
December 21, 2021 
Current Petition 
In its December 16, 2021 petition to this office, the Town explains it “understands that
pursuant to G.L. c. 66, §l0(d)(iii), it cannot assess a fee for time spent segregating or redacting
records unless such segregation or redaction is required by law or approved by your office. The
Town intends, in actual and good faith, to comply with the request.” The Town then states, “the
requested records must be redacted where many of the responsive documents will meet the
following inclusive, not exhaustive, exemptions set forth in G.L. c. 4, §7(26): 
Exemption (a) 
 Legal invoices are highly likely to contain information specifically or by necessary
implication exempted from disclosure by statute, because they would contain
information related to executive session minutes which are exempt from disclosure
pursuant to G.L. c. 30A, §22(f). 
. . . 
Exemption (c) 
 Legal invoices 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, employee exposure to COVID-19,
subsequent quarantines, and individual accommodations. 
 Legal invoices are likely to contain information related to an employee’s medical
issues that required legal consultation. 
 E-mails to and from the Town’s Human Resources office likely contain personnel
and/or medical information that is exempt from disclosure. 
 E-mails to and from the Town’s Human Resources office likely contain information
that relate to a specifically named individually and constitutes an unwarranted
invasion of personal privacy. 
 The office environment report likely contains personnel and/or medical information
that is exempt from disclosure. 
 The office environment report likely contains information that relates to a specifically
named individual and constitutes an unwarranted invasion of personal privacy. 
. . . 
Attorney-Client Privileged Communications 
 It is highly likely that legal invoices will contain information regarding advice
provided by attorneys to the Town. These communications will need to be redacted to
preserve attorney-client privilege.” 
Based on 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. 
Denise Quist SPR21/3277
Page 4
December 21, 2021 
Fee in Excess of $25.00 per hour 
In its petition, the Town also states the following concerning its request to charge a fee in
excess of $25.00 per hour: 
The Town seeks to assess fees for time spent segregating and redacting 
records that fall within statutory exemptions beyond Exemption (a) of G.L. c. 4,
§7(26) given the likelihood that the aforementioned categories of information
need to be redacted. Moreover, the Town seeks to charge a rate in excess of $25
per hour. Specifically, the Town seeks approval to charge an hourly rate of $75
per hour. 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 Town employee; rather, it must be completed by legal counsel for
the Town. 
… 
The hourly rate associated with the lowest paid employee who has the necessary
skill required to perform this task is $235 per hour. However, the Town is willing
to lower the hourly rate to $75 per hour. 
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 assessing a fee in excess of $25.00
per hour. See G. L. c. 66, § 10(d)(iv). I find the Town may assess a fee limited to $75.00 per hour
for attorney review. 
Conclusion 
Accordingly, I find to the extent the responsive records contain the exempt information
described above, the Town may assess a fee for segregation and redaction. Further, as described
above, the Town may assess a fee limited to $75.00 per hour for attorney review. 
Please note Ms. Delcore 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, § 10A. 
Sincerely, 
Rebecca S. Murray 
Supervisor of Records 
cc: Joanne Delcore