Hardiman, Jr., Paul v. Oxford, Town of - Town Clerk (SPR 20140177)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 6, 2014 SPR14/177 Mr. Joseph M. Zeneski Town Manager Town of Oxford 325 Main Street Oxford, MA 01540 Dear Mr. Zeneski: I have received a petition from Paul G. Hardiman, Jr. of Murphy Specialty, Inc. regarding fees from the Town of Oxford (Town) to provide the public records he requested. See G. L. c. 66, § 1O (b) (Supervisor of Public Records has authority to resolve public records appeals); see also 950 C.M.R. 32.08(2) (appeal process). Initially, Mr. Hardiman made a request in February 2014, was provided with a written, good faith estimate, and then revised his request on March 5, 2014. In the revised request on March 5, 2014, Mr. Hardiman requested copies of email records from July 1, 2012-March 5, 2014 (20 months ofemails), specifically: 1. All emails sent from and to Richard Donais and seven specifically named individuals, and 2. All emails sent from and to J. Belanger and five specifically named individuals. On March 10, 2014, you provided Mr. Hardiman with a second written, good faith estimate to cover the costs of searching for and copying the emails from a twenty-month (20) period, reviewing the emails for any exempt materials (segregation), and for copies of the emails. Your estimate explained that the IT Department would be needed to search for and print all the responsive emails with a time frame of approximately four ( 4) hours at $22.08 per hour. Moreover, you explained to Mr. Hardiman that a review of the emails was necessary to remove any exempt inforn1ation, such as information related to personnel matters, employee medical/health matters, attorney-client privileged information or other information. Mr. Hardiman appealed, and sought assistance from this office in reducing the estimate, and hoped to only pay for the cost of copies. On March 25, 2014, an attorney on my staff OneAshburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Joseph M. Zeneski SPR14/177 Page Two May 6, 2014 explained to Mr. Hardiman that the Town is permitted to charge for costs of search and segregation, as long as the fees are in compliance with the Regulations. A custodian of records may charge for the cost of providing public records, however the fees must be reasonable and in compliance with the Public Records Law Regulations. A custodian may charge for "search time" and "segregation time" where necessary, along with the cost of physical copies. The lowest paid employee capable of each task must be used to assess the fees. See 950 C.M.R. 32.06 (fees for public records). On March 26, 2014, you explained to an attorney on my staff that the Town would only use its Legal Counsel to conduct segregation of exempt materials, if necessary, and that the lowest paid employee rates have been used for search and segregation. You also informed Mr. Hardman that the Town would reimburse him, if the estimated costs were less than anticipated. Later in the day on March 26th, you informed this office that Mr. Hardiman sent another revised request for the same emails, and that you would provide a new estimate for that request. It is my understanding that Mr. Hardiman requested that the emails be provided from February 28, 2013-March 5,2014, thirteen (13) months of records instead of20 months, and specified that the emails to and from Mr. Donais be provided regardless of the subject matter. You further indicated that Mr. Hardiman's requests numbered 2, 3 and 4 specified that those emails be provided only if the subject matter was regarding the "bid for source capture vehicle exhaust systems for two fire department buildings." On April22, 2014, you informed this office that you have been providing Mr. Hardiman with all the records responsive to his requests, not just the emails, at minimal costs. Accordingly, I find that the Town has properly complied with the tenets of the Public Records Law and its Regulations. This administrative appeal is closed. Supervisor of Records cc: Mr. Paul G. Hardiman, Jr.