Ronald Alexander v. Wellesley, Town of - Public Schools (SPR 20161203)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records December 22, 2016 SPR16/1177; SPR16/1195; SPR16/1207 Ivria Glass Fried, Esq. Miyares and Harrington, LLP 40 Grove Street, Suite 190 Wellesley, MA 02482 Dear Attorney Fried: I have received the petition of Ronald Alexander appealing the response of the Town of Wellesley-Public Schools (School) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Alexander requested to inspect all emails that were sent and received by the Town of Wellesley School Committee and its members from 2013 (Request 1 - SPR16/1177), 2014 (Request 2 - SPR16/1195) and both 2015 through and 2016 (Request 3 - (SPR161203). The School provided three (3) separate fee estimates of $16, 835 for the provision of Requests 1, Request 2 and $16, 835 for both years 2015 and 2016 of Request 3 respectively. Mr. Alexander appealed. I combined all three appeals since they involve similar records and fee estimates. Fees A custodian of records may assess a reasonable fee for complying with a request for public records. G. L. c. 66, § 1O (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 ($10.00), custodian ofrecords shall provide written good faith estimate). Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Public Records Access Regulations (Regulations). See 950 C.M.R. 32.06 (fees for public records). Under the current Regulations, a custodian of records may assess a maximum fee of five cents ($.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 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. Ivria G. Fried, Esq. SPR16/1177; SPR16/1195 Page 2 December 22, 2016 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, § lO(a). In an email dated November 28, 2016, the School explains that exemptions to the Public Records Law may apply to the responsive records. In both responses you indicate the $16,835 fee estimate is comprised of two (500) hours of time to "search and segregate" responsive documents at an hourly rate of $33.67. In the November 28 fee estimate you explain this is the hourly rate of a "Confidential Administrative Assistant to the Superintendent, the lowest paid person capable of performing the task." However, it is unclear how many responsive records may exist; as such, it is unclear why two (500) hours is needed for search and segregation time. Further, the School must indicate and clarify why the above-referenced hourly rate must be used in these fee estimates. I understand a member of my staff contacted your office about these appeals. Conclusion Accordingly, I will now consider this appeal closed with the proviso that the School provide Mr. Alexander a supplemental response to his request provided 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: Mr. Ronald Alexander Ms. Judy Belliveau