Dow, Charles v. Boston Housing Authority (SPR 20140139)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords May 6, 2014 SPR14/139 Mr. Freddie L. Hannah, Jr. Litigation Paralegal/Investigator Legal Department Boston Housing Authority 52 Chauncy Street Boston, MA 02111 Dear Mr. Hannah: I have received a petition from Charles E. Dow, Esq. appealing the March 17, 2014 written estimate from the Boston Housing Authority in response to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Dow requested copies of: All contracts and sub-contracts in effect for the calendar year 2013 at any of the facilities owned, operated and/or managed by the Boston Housing Authority (Authority) for the repair and/or refinishing of bath tubs, showers, bathroom tiles, bathroom vanities and bathroom or kitchen counter tops. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. On February 27, 2014, seventeen (17) days after Attorney Dow's request, the Authority provided an acknowledgment of the request. The Authority did not provide Attorney Dow with a full response until March 17, 2014, twenty-five (25) days after Attorney Dow's February 10, 2014 public records request. A record custodian has a duty to comply with a public records request as soon as is practicable, without unreasonable delay, and always within ten (10) calendar days. G. L. c. 66, § 10(a); see also 950 C.M.R. 32.05(2).The ten-day provision is a maximum, rather than a minimum time frame for complying with a public records request. Boston Globe Newspaper Company v. Commissioner of Education, 439 Mass. 124 (2003). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Freddie L. Hannah SPR14/139 Page Two May 6, 2014 After receipt of your March 17, 2014 written estimate, Attorney Dow appealed to this office for q_ review of the costs that the Authority assessed for complying with the public records request. The Authority's estimate stated that one (1) hour was needed by the Management Information Systems Department (MIS) at eighty-seven dollars ($87.00) per hour, in order to compile a list of all the applicable contracts and subcontracts for the 2013 calendar year. Additionally, the Authority assessed six (6) hours of"search time" at twenty-one dollars and seventy cents ($21. 70) to locate the applicable contracts and subcontracts that are kept at each of the Authority's developments. Further, your estimate assessed one (1) hour to compile all the records received from each of your developments and one (1) hour of your time at an hourly rate of twenty-five dollars and forty-one cents ($25 .41 ). Finally, the Authority informed Attorney Dow that copies of the four-hundred ( 400) pages of contracts and subcontracts at twenty cents ($.20) per page would total eighty dollars $80.00. It is my understanding that if Attorney Dow prefers electronic copies a DVD would be provided at a cost often dollars ($10.00). The total cost assessed in your March 17, 2014 estimate for paper records is $322.61, or $252.61 for electronic. On April 10, 2014 an attorney on my staffhad a discussion with you on in which you explained that the records are not centrally located in the Authority's office on Chauncy Street in Boston. You informed my staff attorney that the MIS Department was needed to isolate the contracts and subcontracts that are responsive to Attorney Dow's request and provide your office with a list that your personnel at the developments could use to search for the responsive records. You explained that the developments retain the contracts and subcontracts in binders and that the records are not alphabetized. A search of the binders is required to isolate the contracts and subcontracts that are responsive to the specific criteria in Attorney Dow's request. You explained that the responsive contracts and subcontracts are specific to maintenance calls for each of the developments. The search requires that the maintenance manager at each facility review the binders to locate the responsive records. It is my understanding that you would then compile the paper records received from each housing development and either copy or scan the records. The Public Record Law allows a custodian to charge for the cost of providing records, however those costs must be reasonable and in compliance with the Public Records Law Access Regulations (Regulations). See 950 C.M.R. 32.00. Under the Regulations, "search time" is defined as the time needed to locate, pull from the files, copy andre-shelve or refile a public record. While this office is cognizant that the records are not centrally located in your office on Chauncy Street in Boston, the records should still be organized in such a way that would enable

Mr. Freddie Hannah SPR14/139 Page Three May 6, 2014 the Authority to readily access the records and copy them to comply with a public records request. The records in the binders are not organized alphabetically, and that requires the Authority to take more time then should be required to cull them. The requester should not have to pay a higher cost due to a custodian's filing methods. I find that eight (8) hours to search for the records is unreasonable and must be reduced. Attorney Dow informed this office that he would prefer to review the contracts and subcontracts in your Chauncy Street office, and then decide whether to obtain copies of those records. While Attorney Dow has been informed by this office that the Authority is permitted to charge for the cost of searching for the records, prior to his review of those records, the estimate for the cost of "search time" must be reduced and Attorney Dow must be allowed to review the records prior to ordering any copies that he may require. Accordingly, I find that the estimate for eight (8) hours of "search time" is unreasonable and must be revised. The Authority is hereby ordered to revise the estimate," and provide the revised estimate to Attorney Dow within ten (10) days. Once Attorney Dow pays the estimate, he must be given access to review the records in the Authority's Chauncy Street office. If Attorney Dow requires copies of the records, he should be assessed twenty ($.20) cents per page, or your cost of $10.00 per DVD for electronic copies. This administrative appeal is closed. Shawn A. Williams Supervisor of Records cc: Mr. Charles Dow, Esq.