Stephen J. Morgan v. University of Massachusetts - Boston (SPR 20160877)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 24, 2016 SPR16/877 De Wayne Lehman University of Massachusetts - Boston Office of Communication 100 Morrissey Boulevard Boston, MA 021251727 Dear Mr. Lehman: I have received the petition of Stephen Morgan appealing the nonresponse of the University Of Massachusetts Boston Office Of Communications (Office) to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Morgan requested copies of records regarding the Town of Ashland. In a response dated October 16, 2016 the Office provided Mr. Morgan with a fee estimate for the provision ofrecords responsive to his request. Mr. Morgan appealed the Town's fee estimate. Fees A custodian of records may assess a reasonable fee for complying with a request for public records. G. L. c. 66, § lO(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 ($10.00), custodian of records shall provide written good faith estimate). Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Public Records Access Regulations (Regulations). See 950 C.M.R. 32.06 (fees for public records). Under the Regulations, a custodian of records may assess a maximum fee of five cents ($.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 ofrecords 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, § IO( a). 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

DeW ayne Lehman SPR16/877 Page2 October 24, 2016 Subsequent to the intervention by a member of my staff, this office was notified that a revised, more detailed fee estimate would be provided. Whereas this matter was opened based upon the Office's response, I will now consider this administrative appeal closed. Mr. Morgan may appeal the substantive nature of the Office's response within ninety (90) days. See 950 C.M.R 32.08(2). cc: Mr. Stephen Morgan