Fisher, Damien v. Winchendon, Town of - Public Schools (SPR 20140616)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 26, 2015 SPR14/616 Ms. Regina Williams Tate, Esq. Murphy, Hesse, Toomey & Lehane, LLP Crown Colony Plaza 300 Crown Colony Drive, Suite 410 Quincy, MA 02169 Dear Attorney Williams Tate: I have received a petition from Damien Fisher of The Gardner News, Inc. appealing the written estimate of the Town of Winchendon Public Schools (Schools) to his request for public records. G. L. c. 66, § 10 ; see also 950 C.M.R. 32.08(2). Specifically, Mr. Fisher requested a series of emails, cell phone bills, and specifically identified employment contracts. By email on October 12,2014, Dr. Khelfaoui, Superintendent of Schools, provided Mr. Fisher with a written estimate to cover the cost of providing him with the email records. Mr. Fisher has appealed the hourly rate assessed for segregation time, and the fact that the Schools are providing Mr. Fisher with email records in paper format instead of in the native record format. A custodian of records may assess a reasonable fee for complying with a request for public records. G. L. c. 66, § 10(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Public Records Access Regulations (Regulations). See 950 C.M.R. 32.06 (fees for public records). The Regulations provide that in cases where search or segregation time is necessary a custodian of records may charge a pro-rated fee based on the hourly rate of the lowest paid employee who is capable ofperforming the task. 950 C.M.R. 32.06(1)(c). The Regulations define "search time" as the time needed to locate, pull from the file, copy and refile public records, and "segregation time" as the time used to redact data that is exempt from non-exempt material. 950 C.M.R. 32.03. I find that the Schools' estimate of ninety dollars and ten cents ($90.1 0) per hour for the Superintendent to review and redact email records is unreasonable and excessive. The Schools OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Regina Williams Tate, Esq. SPR14/616 Page Two January 26, 2015 has not met its burden to explain why this is the lowest rate. Further, the Schools did not acknowledge Mr. Fisher's request that records be provided in native format. Accordingly, the Schools are hereby ordered to revise its fee estimate within ten (10) days ofthis order, prepared in a manner consistent with the Public Records Law, its Access gulations and this order. This administrative appeal is closed. Supervisor of Records cc: Mr. Damien Fisher Dr. Salah Khelfaoui, Superintendent of Schools