Herman, Colman v. Secretary of the Commonwealth-Administrative Services Division (SPR 20140386)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 18, 2014 SPR14/386 Mr. Paul McCarthy Budget Director Secretary of the Commonwealth Administrative Services Division One Ashb urton Place, Room 1710 Boston, MA 02108 Dear Mr. McCarthy: I have received the petition of Colman M. Herman appealing the response of the Administrative Services Division (Division) to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested copies of certain expense records. In response to this request you provided a fee estimate of $9.90 for costs associated with this request. Mr. Herman appealed this response on two grounds. First, Mr. Herman states his beliefthat the estimate must be itemized. Second, Mr. Herman states that he must be informed of his right to appeal to the Supervisor of Records. Fees Under the Public Records Access Regulations (Regulations) a records custodian must provide a written estimate of fees for copying, search time and segregation time where costs of complying with a public records request is expected to exceed ten dollars. 950 C.M.R. 32.06(2). In your response the estimated fees do not exceed ten dollars; therefore, a written, good faith estimate is not required. I find, therefore that your response did not violate the Regulations with respect to fees. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Paul McCarthy SPR14/386 Page Two July 18,2014 Right of appeal In his appeal Mr. Herman states that you did not inform him of his right to appeal your response to the Supervisor of Records. The Regulations state that a custodian of records must notify a requester of his administrative remedies in the event the custodian denies access to requested records. 950 C.M.R. 32.08(1). Whereas your response was a fee estimate and not a denial of access, I find that your response did not violate the Regulations. Conclusion Whereas the response to Mr. Herman's request was provided in a manner consistent with the requirements of the Regulations, I will consider this administrative appeal closed. ~yo ~~.Wiliams Supervisor ofRecords cc: Mr. Colman M. Herman