Shaevel, Esq., William v. Massasoit Community College (SPR 20150057)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 20, 2015 SPR15/051-057; SPR15/079-085 Mr. Kenneth A. Tashjy, Esq. General Counsel Massachusetts Community Colleges 591 Springs Road, Building 2 Bedford, MA 01730 Dear Attorney Tashjy: I have received a petition from William H. Shaevel, Esq. of Shaevel & Krems, LLP on behalf of Attorney Shaevel's client, the Grievance Coordinator for the Massachusetts Community College Council (Council) appealing the written estimates that were received in response to requests made by the Council to each of fourteen (14) Massachusetts Community Colleges, including Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Mass Bay Community College, Massasoit Community College, Middlesex Community College, Mount Wachusett Community College, Northern Essex Community College, North Shore Community College, Quinsigamond Community College, Roxbury Community College and Springfield Technical Community College (each a College, or as a group Colleges). G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, the Council requested copies of certain correspondence sent or received between January 1, 2011 and September 24, 2014 by or between any non-unit administrators including College Presidents, Deans, Assistant Deans, and Human Resources Directors. Each College provided written estimates for complying with the Council's public records requests. The estimates ranged in costs of$1,804.30 from Cape Cod Community College to $18,648.00 from Roxbury Community College. The estimates provided by each College are the basis for Attorney Shaevel' s petition for an appeal. A custodian of records may assess a reasonable fee for complying with a request for public records. G. L. c. 66, § 1O (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). OneAshburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Kenneth A. Tashjy, Esq. SPR15/051-057; SPR15/079-083; March 20, 2015 Page Two 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 of performing the task. 950 C.M.R. 32.06(1)(c) (emphasis added). 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. The search and segregation fees must reflect the actual cost of complying with a particular request. G. L. c. 66, § 1O (a). I find the Colleges have not met the burden of the Public Records Law and its Regulations to determine the need for the number of persons, and the number ofhours to provide responsive records. Accordingly, each College is hereby ordered to provide Attorney Shaevel with revised estimates for the Council's public records requests, to be prepared in a manner consistent with this order, the Public Records Law and its Ac ess egulations. These 1 administrative appeals are closed. cc: Mr. William H. Shaevel, Esq.