Tranfaglia, Mark v. Lynn, City of - Treasurer's Office (SPR 20150705)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 25, 2015 SPRlS/705 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). This request was the subject of a previous appeal. See SPR15/612 Determination ofthe Supervisor of Records (August 13, 2015). On July 22, 2015, you initially provided Mr. Tranfaglia with a fee estimate with a total cost of two hundred fifty-five ($255.00) dollars to receive the records. However, the City did not provide any details to justify this fee. In my determination dated August 13, 2015 I found the City did not meet its burden under the Public Records Law and the Access Regulations (Regulations) to provide a detailed, written estimate. I ordered the City to provide Mr. Tranfaglia with a detailed, written estimate that shows how the City arrived at the total cost of $255.00 within ten (10) days. See SPR15/612 Determination of the Supervisor of Records (August 13, 2015). You provided an explanation regarding the fee estimate on August 11, 2015. This explanation included the total number of hours to complete the task as well as an hourly rate of $28.33. Mr. Tranfaglia informed this office that wishes "to appeal the hourly rate of$28.33 quoted" in an email dated August 18,2015. Subsequent to the opening of this appeal, the City sent Mr. Tranfaglia a letter dated September 15, 2015. You explained in this letter that "only one employee of the Treasurer's Office is assigned duties related to payroll. As such, she is the only employee capable of OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. James Lamanna, Esq. SPR15/705 Page Two September 25, 2015 retrieving the requested information out of the Treasurer's Department's computer system." You also state "the City would of course return any unused monies to you at the time it provides you with the requested documents." I find the City has sufficiently explained that it is using the hourly rate ofthe person who is the lowest paid employee capable of performing the task of search and segregation of the requested payroll records. See 950 C.M.R. 32.06(1)(c). Accordingly, I find the hourly rate of $28.33 provided in the City's fee estimate to be reasonable under the Public Records Law and its Regulations. Whereas Mr. Tranfaglia only appealed the hourly rate provided in the fee estimate, I will consider this appeal closed. Supervisor of Records cc: Mr. Mark Tranfaglia