Tony Gaskins v. Department of Correction - Souza-Baranowski Correctional Center (SPR 20171137)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 28,2017 SPR1711137 Steven Silva Superintendent Souza-Baranowski Correctional Center P.O. Box 8000 Shirley, MA 01464 Dear Superintendent Silva: I have received the petition of Tony Gaskins appealing the response of the Department of Correction - Souza - Baranowski Correctional Center (Department) to a request for public records. G. L. c. 66, 5 l0A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Gaskins requested a copy of records showing all food purchases for the Souza Baranowski Correctional Center, the Culinary Arts program, and all financial statements of foods purchased from January 1, 20 17 through June 27,20 17. Previously, on July 3,201 7, the Department provided Mr. Gaskins with records of food expenditures which show payments made to vendors for their food products. Mr. Gaskins appealed, and is now seeking further information that is responsive to his request. I understand that on August 13,201 7 Mr. Gaskins submitted a supplemental request to the Department for copies of invoices for all food purchased from January 1,201 7 through June 27, 201 7. Subsequent to the intervention by a staff member of the Public Records Division, I was informed that the Department provided Mr. Gaskins a fee estimate for the provision of these records, dated August 22,20 17. Fee estimates Please note that an agency 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, 5 10(d). The fees must reflect the actual cost of complying with a particular request. @. A maximum fee of five cents ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, 5 10(d)(i). a fee for the first four hours of employee time to search for, roduce the record or records requested. G. L. c. 66, 5 lO(d)(ii). One Ashburton Place, Room 17 19, Boston, Massachusetts 02 108 (6 17) 727-2832. Fax: (6 17) 727-59 14 sec.state.ma.us/pre pre@sec.state.ma.us

Steven Silva Page 2 August 28,2017 Where appropriate, agencies 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 Id. more than $25 per hour. 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 through a petition under G. L. c. 66, 5 lO(d)(iv). G. L. c. 66, 5 lO(d)(ii); 950 CMR 32.06(4). Whereas this matter was opened based upon Mr. Gaskins' contention that he did not receive all responsive records, and the Department provided a fee estimate for the provision of additional responsive records, I will now consider this administrative appeal closed. Mr. Gaskins may appeal the substantive nature of the Department's August 22ndr esponse within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Tony Gaskins