Bibler, Eric v. Cape & Vineyard Electric Cooperative, Inc. (SPR 20140653)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 12, 2015 SPR14/653 Mr. John Checklick President Cape & Vineyard Electric Cooperative, Inc. Superior Court P. 0. Box 427 Barnstable, MA 02630 Dear Mr. Checklick: I have received a petition from Eric Bibler appealing the response ofthe Cape & Vineyard Electric Cooperative (CVEC) to his October 14 and October 15, 2014 requests for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Bibler requested a copy of executive session minutes as well as copies of meeting agendas and meeting notices from thirty (30) CVEC meetings held in 2007, 2008 and 2009. Mr. Bibler requested that the CVEC waive all applicable fees. Fee Estimates CVEC provided Mr. Bibler a fee estimate for copies of the responsive records and Mr. Bibler appealed that fee estimate to this office. A custodian of records may charge for the cost of providing records, however the fees must be reasonable and in compliance with the Public Records Law Access Regulations (Regulations). See 950 C.M.R. 32.00. Upon review of the October 23, 2014 fee estimate I find that the CVEC has not met its burden to explain the need of review by a CVEC Administrator at $54.57 per hour, a Special Projects Coordinator at $31.4 7 per hour and two (2) hours of Administrative Assistant time at $25.40 to review copies of thirty-one (31) pages of the meeting notices and agendas. Meeting notices and agendas are public documents that should be readily available. On November 12, 2014, the CVEC also provided a written estimate for the cost of obtaining copies of the executive session meeting minutes of two (2) hours of administrative assistant time at $25.40 to review and copy ninety-three (93) pages of responsive records. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. John Checklick SPR14/653 Page Two February 12, 2015 While the CVEC is entitled to assess a fee, it has failed to justify the need for the number of hours assessed for three different people to review agendas and meeting notices. Therefore, I find that CVEC has not met its burden of providing good faith estimates. A records custodian is required to explain whether the task is assessed for search time (including copying the records) and/or segregation time, and why it will require the amount of time assessed. Accordingly, CVEC is hereby ordered to provide a detailed explanation to Mr. Bibler for the fee estimates. Fee Waiver Mr. Bibler has asked that CVEC waive all fees associated with his requests for public records. While this office encourages custodians to waive the costs of providing records, this office has no authority to order a custodian to waive reasonable fees. Accordingly, whereas CVEC is entitled to recover fees for the search and segregation of public records, and further whereas CVEC's estimates are deemed to be umeasonable and must be revised in accordance with the Regulations, I will consider this appeal closed with the proviso that CVEC's estimates be revised within ten (10) days in a manner con stent with this order and the Regulations. Once Mr. Bibler pays the estimate, CVEC must prov e him with the records. cc: Mr. Eric Bibler