Tranfaglia, Mark v. Lynn, City of - Treasurer's Office (SPR 20150612)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 13, 2015 SPRlS/612 Mr. James Lamanna, Esq. City Solicitor City of Lynn 3 City Square Lynn, MA 01901 Dear Attorney Lamanna: I have received the petition of Mark Tranfaglia appealing the response ofthe City of Lynn (City) to his July 13, 2015 request to the City Treasurer for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Tranfaglia requested a copy, via postal mail, fax or email, of all payroll records, including stipends and longevity for all persons employed, contracted or leased (summer program for children) in the Parking Department from January 1, 2014 through the present(July 13, 2015). These records should contain the hourly rate, hours worked and/or salary, together with any stipends paid to each employee, whether related to the Parking Department or another board/position, and the longevity amount, if any. On July 13, 2015, you provided Mr. Tranfaglia with a total cost of two hundred fifty-five ($255.00) dollars to receive the records, however no details concerning this estimated cost were provided. Mr. Tranfaglia contacted the City twice, on July 22nct, asking for more details on how the City arrived at the total cost of $255.00, the City did not respond. Mr. Tranfaglia has appealed the City's failure to provide a detailed, itemized written estimate. 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). 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. James Lamanna, Esq. SPR15/612 Page Two August 13,2015 employee who is capable of performing the task in the office where the records are normally kept. 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 andre-file the 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, § 10(a). I find that the City has not met the burden of the Public Records Law and its Regulations to provide a detailed, written estimate that states the number of hours of search time, the hourly rate of the individual who is capable of conducting the search, and the number of pages of copies at twenty cents per page for paper records, the cost of providing the records in electronic format if possible, and any postage required to mail any paper records to Mr. Tranfaglia. Accordingly, the City is hereby ordered to provide Mr. Tranfaglia with a detailed, written estimate that shows how the City arrived at the total cost of $255.00 to be prepared consistent with this order, the Public Records Law and its Access Regulations within ten (10) days. Once the fees are paid, the City must provide the responsive records. A copy of the detailed, written estimate must be provided to this office. It is preferable to send an electronic copy of the detailed, written estimate to this office at pre@sec.state.ma.us This appeal is closed. cc: Mr. Mark Tranfaglia