Ilha, Sandra v. Wayland, Town of (SPR 20140121)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April29, 2014 SPR14/121 Ms. Sandra Ilha 26 Willis Street, #6 Framingham, MA 01701 Dear Ms. Ilha: I have received your letter appealing the response ofthe Town ofWayland (Town) to your request for records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, you requested: a copy of a list of all claims filed against the Town for the years 2011, 2012 and 2013 and a copy of the list of all claims settled by the Town for the years 2011, 2012 and 2013. In the Town's response Assistant Town Administrator John Stenchyshyn informed you that the Town does not maintain lists of claims filed or settled. The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26) (defining "custodian" as the public employee with routine access to or control of public records). There is no obligation to create a record in response to a request for public records. See G. L. c. 66, § lO(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information). Whereas the Town does not maintain lists of claims and settlements and further whereas the Town is not obligated to create such records in response to a public records request, this portion of the appeal is closed. In accordance with the Public Records Law, a custodian is expected to use his superior knowledge of the records in his custody to assist the requester in obtaining the desired information. See 950 C.M.R. 32.05(4). The Town informed you that it does not maintain lists directly responsive to your request; however, the Town also indicated that it maintains other records that may be responsive to your request. The Town is hereby ordered to provide you with a written, good faith estimate for the cost of providing you with records the Town does maintain that may be responsive to your original request. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Sandra Ilha SPR14/121 Page Two April29, 2014 A custodian of records may assess a reasonable fee for complying with a request for public records. G. L. c. 66, § lO(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 ($10.00), custodian of records shall provide written good faith estimate). Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Public Records Access Regulations (Regulations). See 950 C.M.R. 32.06 (fees for public records). Under the Regulations, a custodian of records may assess a maximum fee of twenty cents ($.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). Upon receipt of this fee estimate you can determine whether you wish to pay the fee or redefine your request to limit the cost. Upon payment of the fee, the Town is hereby ordered to provide the records in a timely manner. This appeal is now closed. Shawn A. illiams Supervisor of Records cc: Mr. John Sechyshyn