Heather Evans v. Greenfield, City of - Public Schools (SPR 20160836)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records October 21,2016 SPR16/836 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) 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 appeals and determinations This request was the subject of previous appeals and multiple determinations. See SPR15/788 Determinations ofthe Supervisor ofRecords (December 21, 2015; March 30, 2016; June 3, 2016); SPR16/693 Determinations ofthe Supervisor ofRecords (September 16, 2016). In my September 16 determination, I closed the appeal with the proviso that the School 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 September 23, 2016. Ms. Evans informed this office she seeks further action from this office and this appeal (SPR16/836) was opened as a result. Current appeal In a letter dated October 5, 2016, Ms. Evans objects to the fee estimate provided in the School's September 23 letter. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Ms. Joanne Wallace SPR16/836 Page2 October 21, 2016 Fees 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 ($1 0.00), custodian of records shall provide written good faith estimate). Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Public Records Access Regulations (Regulations). See 950 C.M.R. 32.06 (fees for public records). Under the current Regulations, a custodian of records may assess a maximum fee of five cents ($.05) per page for a black and white single or double-sided photocopy 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). Conclusion In an October 19, 2016 telephone conversation, we reviewed the School's fee estimate. During this conversation, I urged you to review and revise the estimate. Accordingly, I will consider this administrative appeal closed with the proviso that the School conducts such a review and provides Ms. Evans with a revised 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. cc: Ms. Heather Evans Mr. Peter L. Smith, Esq.