Kendra Steucek v. Ashburnham-Westminster Regional School District (SPR 20170280)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 4, 2017 SPR17/280 Dr. Gary F. Mazzola, Ed.D. Superintendent Ashburnham-Westminster Regional School District 11 Oakmont Drive Ashburnham, MA O1 4 3 0 Dear Dr. Mazzola: I have received the petition of Kendra Steucek appealing the response of the Ashburnham-Westminster Regional School District (School) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Ms. Steucek requested all written communication wherein specified individuals were mentioned for the period of August 2014 to the present. Ms. Steucek was provided with a fee estimate for this request on February 10, 2017. Ms. Steucek subsequently narrowed her request to all communications wherein her name was mentioned. In a February 16, 2017 email Ms. Steucek was provided with a revised fee estimate for completion of her narrowed request. Ms. Steucek petitioned this office and this appeal (SPR 17 /280) was opened as a result. Fee Petition Subsequently, in a letter dated March 27, 2017 Attorneys Joseph T. Bartulis and Jess D. Oyer of Fletcher Tilton P.C. submitted a petition to this office relating to charging a fee for time spent redacting responsive records, as well as obtaining relief from responding to the request. This petition was assigned case number SPRl 7/455. This appeal (SPRl 7/280) was placed on hold during the pendency of the School's petition. Given that SPRl 7/455 has concluded, I will now issue a determination with respect to SPRl 7 /280. Fee estimates A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10(d ). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents 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

Dr. Gary F. Mazzola, Ed.D. SPRl 7/280 Page 2 April 4, 2017 ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, § 10(d )(i). Municipalities may not assess a fee for the first (two) 2 hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested unless the municipality has 20,000 people or less. G. L. c. 66, § 10(d )(iii). Where appropriate, municipalities may include as part of the fee an hourly rate equal to or less than the hourly rate attributed to the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce a record requested, but the fee shall not be more than $25 per hour. Id. However, municipalities may charge more than $25 per hour if such rate is approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d )(iv). A fee shall not be assessed for time spent segregating or redacting records unless such segregation or redaction is required by law or approved by the Supervisor of Records under a petition under G. L. c. 66, § lO(d)(iv). See G. L. c. 66, § lO(d)(iii); 950 CMR 32.06(4). To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at htip://www.sec.state.ma.us/pre/prepdf/guide.pdf. Public Records Division attorneys are available during regular business hours to answer general questions regarding the Public Records Law. In addition, Public Records Division staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact the Public Records Division directly at the telephone number provided in this determination for further information. Current appeal It was my determination in the related petition (SPRl 7/455) that, while the School is permitted to charge for time spent segregating and redacting the requested records, the School has not yet demonstrated the need for 60.5 hours to produce these records. Consistent with my findings in the related petition, I find the School has not yet met its burden to justify the quoted . time frame needed to provide the requested records, and that a revised fee estimate must be provided. In this fee estimate, the School must either reduce the amount of time charged for reviewing the records, or provide more detail explaining why this amount of time is necessary. The revised estimate must also explain whose hourly rate is being used and why it is necessary to assess this rate. Conclusion Accordingly, the School is hereby ordered to provide a response to Ms. Steucek within ten (10) business days in a manner consistent with the Public Records Law, its Regulations, and this order. A copy of this response must also 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.

Dr. Gary F. Mazzola, Ed.D. SPRl 7/280 Page 3 April 4, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Kendra Steucek Joseph T. Bartulis, Esq.