Spaulding, Corey v. Natick, Town of - Public Schools (SPR 20150703)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 15,2015 SPRlS/703 Dr. Peter Sanchioni, Ph.D. Town ofNatick-Public Schools 13 East Central Street Natick, MA 01760 Dear Dr. Sanchioni: I have received the petition of Corey Spaulding appealing the response ofthe Town of Natick Public Schools (School) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Ms. Spaulding requested information about a verbal request made by a School employee for a specifically identified document. Ms. Spaulding also requested copies of emails related to the right to communicate with School employees. Request for information about a verbal request for a document This request is related to a similar request that was the subject of a previous appeal. See SPR15/232 Determination of the Supervisor of Records (July 31, 20 15). You previously stated that prior to October 3, 2014, the School only made verbal attempts to obtain the specifically identified document. Ms. Spaulding subsequently requested information regarding the verbal request, which is the subject of this appeal. In a telephone conversat.ion with a member of my staff, you confirmed the School has no records responsive to this request. Under the Public Records Law, the School is not required to create a list of records or any record in response to a public records request. In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). Further, the mandatory disclosure provision of the Public Records Law only applies to information that is in the custody of the governmental entity at the time the request is received. G. L. c. 4, § 7(26) (defining "public records" as materials which have already been "made or received" by a public entity); see also 32 Op. Att'y Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Peter Sanchioni, Ph.D. SPR15/703 Page Two December 15, 2015 Whereas the School has no records responsive to Ms. Spaulding's request, I will consider this portion of the appeal closed. Request for emails In a response dated September 2, 2015, Teresa Carney, Principal of Wilson Middle School provided Ms. Spaulding with a fee estimate for the provision of emails responsive to her request. 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 ($10.00), custodian of records shall provide written good faith estimate). Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Public Records Access Regulations (Regulations). See 950 C.M.R. 32.06 (fees for public records). Under the Regulations, a custodian of records may assess a maximum fee of twenty cents ($.20) per page for a photocopy of a public record and fifty cents ($.50) per page for a computer printout of a public record. See 950 C.M.R. 32.06(1)(a). In addition to the copying fee, 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). 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, § 10(a). The School's September 2 fee estimate indicates there are 3,514 responsive emails and the total cost for providing these records is $802.80. This fee amount is comprised ofthe following: (1) copying cost of $702.80 (3,514 pages of responsive records multiplied by $.20 per page); (2) $100.00 for the time to search for and segregate the responsive records. The School explained that it estimates Ms. Spaulding's request "will require fifty-eight (58) hours of search and segregation work by the IT department," but the School reduced the labor cost to the flat fee of $100.00. In a telephone conversation with a member of my staff, Assistant Superintendent of Student Services Timothy Luff confirmed the hourly rate of the lowest paid employee capable of performing the task was used to prepare this estimate. I find this fee estimate to be reasonable under the Public Records Law and its Regulations because it is comprised of copying costs and the search and segregation time of the lowest paid employee capable of performing the task. Upon payment of the fee, you are hereby ordered to provide the records in a timely manner.

Mr. Peter Sanchioni, Ph.D. SPR15/703 Page Three December 15, 20 15 Conclusion Whereas there are no records responsive to Ms. Spaulding's request for information about a verbal request for a document and I find the fee estimate to be compliant with the Public Records Law and its Regulations, I will consider this appeal closed. Supervisor of Records cc: Ms. Corey Spaulding