Fliegauf, Kurt v. Wayland, Town of (SPR 20140152)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 27,2014 SPR14/152 Mr. Mark J. Lanza, Esq. 9 Damonmill Square Concord, MA 01742 Dear Attorney Lanza: This office has received the petition of Kurt B. Fliegauf, Esq. appealing the response of the Town of Wayland (Town) to his November 25, 2013 request for public records. See G. L. c. 66, § IO(b); see also 950 C.M.R. 32.08(6). Specifically, Attorney Fliegaufrequested records relating to the operation of the Town's Wastewater Management District Commission (Commission). Town's Responsiveness to the Public Records Request It is my understanding that on December 6, 2013, the Town provided Attorney Fliegauf with copies of two responsive records. In a January 21, 2014letter, Commission Chair Fred Knight acknowledged receipt of Attorney Fliegauf s request and provided him with a fee estimate for the cost to be incurred by the Commission in providing records responsive to this request. In his letter, Mr. Knight cited "staffing issues and the intervening holidays" as the reason for the Town's delay in providing a more complete response to this request. The Commission, and by extension the Town, failed to satisfy its burden with respect to the timeliness requirement ofthe Public Records Law. It is my finding that the Town failed to address the substance of Attorney Fliegaufs request until its January 21st letter. The Town is reminded that a request for public records must be met with a written response within ten (1 0) calendar days ofthe request. See G. L. c. 66, § IO(b); see also 950 C.M.R. 32.05. Fee Estimate Calculation The Town is permitted to issue a detailed fee estimate for the cost to be incurred in providing records responsive to a public records request. See 950 C.M.R. 32.06(2). In its OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Mark J. Lanza, Esq. SPR14/152 Page Two May 27,2014 response, the Town stated that it would require 80 hours of time to search for responsive records at a cost of $25 per hour. The Town also estimated that there are 10 00 pages of records responsive to this request. However, the Town failed to provide any additional detail as to its calculation of the required hours, the hourly rate quoted and whether it is that of the lowest paid employee capable of performing these tasks, or the basis for its identification as to the number of responsive pages. I recognize that the quoted fee estimate has already been paid by Attorney Fliegauf. However, the Town is required to satisfy its burden by providing a detailed explanation of the fee estimate. Accordingly, the Town is hereby ordered to provide Attorney Fliegaufwith a detailed breakdown of the fee estimate calculation, along with any additional information that may have been relevant to the Town's calculation. Production of Records In a May 5, 2014 email to an attorney on my staff, Mr. Knight stated that the "parties are working toward a more global solution" with respect to fulfilling Attorney Fliegaufs records request. As a result, it is my finding that further intervention from this office is no longer required at this time. The Town is reminded that Attorney Fliegauf may petition this office for a reconsideration of this matter and request that our office intervene further with respect to the production of responsive records. Whereas the Town has been ordered to provide Attorney Fliegauf with a detailed breakdown of its fee estimate calculation, this a ministrative appeal is now closed. Supervisor of Records cc: Mr. Fred Knight Mr. Kurt B. Fliegauf, Esq.