Herman, Colman v. Office of the Secretary of the Commonwealth - Administrative Services Division (SPR 20150759)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 16, 2015 SPRlS/759 Mr. Paul McCarthy Budget Director Administrative Services Division Office of the Secretary of the Commonwealth 1 Ashb urton Place, Room 171 0 Boston, Massachusetts 02108 Dear Mr. McCarthy: I have received the petition of Colman M. Herman appealing the September 15,2015 response of the Administrative Services Division of the Office of the Secretary of the Commonwealth (Division) to his September 9, 2015 request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested the opportunity to view and inspect records related to public service announcements featuring Secretary of the Commonwealth, William Francis Galvin. Mr. Herman's appeal is based solely upon the fee estimate provided by the Division. In your response you offered to allow Mr. Herman the opportunity to view and inspect the records at no cost. In your response you explained that, if requested by Mr. Herman, copies of responsive records would be provided "at the rate of $.30 per page, totaling $16.50 in copying costs." I understand Mr. Herman came to your office to inspect the records. On October 7, 2015, he came to pick up copies ofthe records and provided a check for $16.50. This office has previously opined upon the fees for copies that may be assessed by the Divisions ofthe Office of the Secretary of the Commonwealth. See SPR12/209 Determination of the Supervisor of Records (July 30, 2012). In that determination I noted that the authority to charge this copy cost emanates from Section 178 of Chapter 184 of the Acts of 2002, which permits the Divisions of the Secretary of the Commonwealth to charge $.30 per page for "document copies." These fees have been in effect since July 1, 02. I stand by this finding. Accordingly, I will consider this administrative appeal closed. Supervisor of Records cc: Mr. Colman M. Herman One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre