John Podesta v. Greater Lowell Technical High School (SPR 20171760)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 8, 2018 SPR17/1760 Joseph Mastrocola Superintendent/Director Greater Lowell Technical High School 250 Pawtucket Boulevard Tyngsborough, MA 01879 Dear Supt. Mastrocola: I have received the petition of John Podesta appealing the response of the Greater Lowell Technical High School (School) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). On November 27, 2017, Mr. Podesta requested "[e]mails between the Construction Cluster Chairperson and the Cooperative Education Director from January 1, 2017 to October 20, 2017. Emails between the Construction HVAC-R Instructor and the Cooperative Education Director from January 1, 2017 to October 20, 2017. Group emails sent out by the Math & Science cluster chairperson, specifically those with the terms "Weekly Update" sent between August 28, 2017 and October 20, 2017." Mr. Podesta also requested a fee waiver. On Decemeber 11, 2017 the School provided Mr. Podesta a good faith fee estimate of the "charges relevant to [his] 2 requests for specific emails from Greater Lowell." Appea_l Mr. Podesta appealed the School's response stating the School needed to "respond to the requests separately, as they were filed as two separate requests." The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii), (b)(ii). Fee estimates If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § lO(b)(viii); see also 950 C.M.R. 32.07(2)(b) (a records access officer shall provide written, itemized, good faith estimate). Once fees are paid, a records access officer must provide the responsive records. 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

Supt. Joseph Mastrocola SPRl 7/1760 Page 2 January 8, 2018 If a municipality is required to devote more than 2 hours of employee time to search for, compile, segregate, redact or reproduce a record requested the fees must reflect the actual cost of complying with a particular request. G. L. c. 66, § 10(d )(iii). 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, § lO(d)(i). 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. G. L. c. 66, § lO(d)(iii). Fees shall not be assessed for the first 2 hours of work performed where the responding municipality has a population of over 20,000 people. Id. 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). Conclusion I have been informed by the School that they have provided Mr. Podesta with "revised invoices" outlining the fee required concerning his appeal. Upon receipt of payment by Mr. Podesta, the School is ordered to produce responsive records in its possession in a manner consistent with this determination, the Public Record Law, and its Regulation. G. L. c. 66, § lO(a)(iii). Mr. Podesta may appeal the substantive nature of the revised response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Superintendent Joseph Mastrocola