Teixeira, Jeorge v. Hudson Public Schools (SPR 20140025)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 17, 2014 SPR14/025 Mr. Jeorge Teixeira 68 Priest Street Hudson, MA 01749 Dear Mr. Teixeira: This office has received your petition appealing the response of the Hudson Public Schools (School) to your October 25, 2013 request for public records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(6). Specifically, you requested records related to the delivery of Extended School Year (ESY) services. In a November 1, 2013 letter to you, Catherine Kilcoyne, Director of Pupil Services, provided you with a fee estimate for the cost to be incurred in providing records responsive to your public records request. See 950 C.M.R. 32.06(2). In your petition to this office, you have appealed the School's calculation of this fee estimate. In a March 13, 2013 telephone conversation with an attorney on my staff, Ms. Kilcoyne provided additional information with respect to the fee estimate calculation. Ms. Kilcoyne explained that she and the School's Secretary General conducted a search for and review of responsive records. However, the hourly rate for those individuals was not used in the fee estimate calculation, but rather the hourly rate ($22.22) of the lowest paid employee who was capable of performing these tasks was used. Additionally, Ms. Kilcoyne stated that the hourly rate of the Finance Director was used within the calculation, as this individual was the lowest paid employee who held the knowledge of the specific budget infonnation that was responsive to your request. This office will rely on Ms. Kilcoyne's assertion with respect to the School's estimate ofthe effort required to provide you with copies of responsive records. See Konover Mgt.Corp. v. Planning Bd. of Auburn, 32 Mass. App. Ct. 319, 326 (1992) (the strong presumption that a public official will perform honestly and impartially and will properly discharge the duties ofhis office in the public interest). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Jeorge Teixeira SPR14/025 Page Two March 17, 2014 Upon further consideration, it is the finding of this office that the School has provided gu] you with a good faith estimate of its cost for complying with your public records request. See 950 C.M.R. 32.06(2). Accordingly, this administrative appeal is closed. IUTS, Shawn Supervisor of Records cc: Ms. Catherine Kilcoyne