Heather Evans v. Greenfield, City of - Public Schools (SPR 20160693)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 16, 2016 SPR16/693 Ms. Joanne Wallace Executive Secretary to the Superintendent Greenfield Public Schools 141 Davis Street Greenfield, MA 01301 Dear Ms. Wallace: I have received the petition of Heather Evans appealing the Town of Greenfield-Public Schools' (School District) response to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Evans requested seven (7) categories of records ofthe Superintendent of Schools. Previous response and determinations This request was the subject of a previous appeal and multiple determinations. See SPR15/788 Determinations ofthe Supervisor ofRecords (December 21, 2015; March 30, 2016; June 3, 2016). In my June 3 determination, I found the School District had not justified the estimated time needed to provide records, nor explained the hourly rates of the individuals performing the task. I also found the School District had not justified its costs as the fee estimate was not broken down by each request. I closed the appeal with the proviso that the School District provide Ms. Evans a supplemental response to the request prepared in a manner consistent with the order, the Public Records Law and its Access Regulations (Regulations). The School responded to this order in a letter dated June 24, 2016. Attorney Peter Smith, on behalf of the School District, also provided a letter to Ms. Evans dated July 21, 2016. Ms. Evans informed this office she seeks further action from this office and this appeal (SPR16/693) was opened as a result. Current appeal Ms. Evans objects to the fee estimate and its lack of detail. It is my understanding that, subsequent to the opening of this appeal in a September 9, 2016letter Attorney Smith stating the OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Joanne Wallace SPR16/693 Page 2 September 16, 2016 School District will "provide [Ms. Evans] with a revised estimate of costs once the produced documents are separated into seven (7) separate responses." The School District is reminded that it must justify the estimated time needed to provide records and explain why the hourly rates used in the fee estimate. See 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 ofrecords shall provide written good faith estimate); 950 C.M.R. 32.06(1 )(c). Conclusion Accordingly, whereas the School District intends to address the issues raised in Ms. Evans' August 24, 2016 petition to this office, I will consider this appeal closed with the proviso that the School District provide Ms. Evans with the supplemental response fee estimate prepared in a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. ~j: a A. Williams Supervisor of Records cc: Ms. Heather Evans Mr. Peter L. Smith, Esq.