Bliss, Kevin v. Department of Early Education and Care (SPR 20140442)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 25, 2014 SPR14/442 Ms. Felicia Sullivan, Esq. Assistant General Counsel Department of Early Education and Care 51 Sleeper Street, 4th Floor Boston, MA 02210 Dear Attorney Sullivan: This office has received the petition of Kevin Bliss appealing the response of the Department of Early Education and Care (Department) to his request for public records. See G. L. c. 66, § lO(b); see also 950 C.M.R. 32.08(6). Specifically, Mr. Bliss requested copies of records related to the licensing ofUS TaeKwonDo for locations in Fitchburg and Leominster. The Department responded to Mr. Bliss' request with a fee estimate, and he has appealed. In a July 28, 2014letter, you provided Mr. Bliss with a fee estimate for the Department's cost to be incurred in providing records responsive to his request. The Department has estimated that it will take two (2) hours to search for records responsive to the request, to be charged at an hourly rate of $30 per hour. According to you, the Department's Regional Director holds the knowledge required to properly identify records responsive to Mr. Bliss' request. The Department's $30 per hour rate included within the estimate is less than the hourly pay rate of the Regional Director who is conducting the search. The Department also estimated that it will take six (6) hours to review and redact records responsive to this request. According to you, the Regional Director as well as yourself will conduct a review of the responsive records. The Department's estimate included a rate of $30 per hour to review and redact responsive records, a rate that is lower than the hourly rate of either you or the Regional Director, both of whom are the lowest paid individuals capable of performing this task. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Felicia Sullivan, Esq. SPR14/442 Page Two September 25, 2014 While responsive email records are maintained electronically, you stated to this office that all responsive licensing related records are maintained in paper form and are not held electronically. With respect to the Department's estimate of one (1) hour for the copying of responsive records, you stated in a September 5th email to this office that the Department is willing to waive this part of the fee estimate. Upon a review ofthe Department's fee estimate, it is my finding that the Department has provided Mr. Bliss with a reasonable fee estimate calculation. Given that he did not limit his request to a specific time period and that certain responsive records are held in paper form, the Department has calculated a reasonable effort in which to search for and segregate all records that are responsive to this request. Please be advised that the Department 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). Whereas the Department has provided a reasonable fee estimate for the cost to provide copies of responsive records, this administrative appeal is now closed. aw Supervisor of Records Cc: Mr. Kevin Bliss