John Podesta v. Greater Lowell Technical High School (SPR 20180043)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S, Murray Supervisor of Records

January 25, 2018 SPR18/043

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, § 10A; see also 950 C.M.R. 32.08(1). On January 3, 2018, the School provided Mr. Podesta with a fee estimate of $76.24 for his public records request. On January 8, 2018, Mr. Podesta requested a fee waiver of the School’s fee estimate stating the School “only responded to one of [the requests] in the 10 day period required. In such circumstances, the fees associated with [his] second request ($76.24) should be waived.”

Fee estimates

If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(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.

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, § 10(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, § 10(d)(iii). Fees shall not be assessed for 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

Supt. Joseph Mastrocola SPR18/043 Page 2 . January 25, 2018

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, § 10(d)(iv). See G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4).

. Conclusion

Based upon Mr. Podesta’s public records request email to the School on November 27, 2017, he requested “[e]mails between Construction Cluster Chairperson Dan Hamel and Cooperative Education Director Stacy Bezanson from January 1, 2017 to October 20, 2017. Emails between Construction HVAC-R Instructor Jeffrey Gamache and Cooperative Education Director Stacy Bezanson from January 1, 2017 to October 20, 2017. Group emails sent out by Math & Science cluster chairperson Carol Chisolm, specifically those with the terms "Weekly Update" sent between August 28, 2017 and October 20, 2017.” Those three email requests from November 27" appear to be different from the email requests in which Mr. Podesta is requesting a fee waiver of $76.24 as mentioned above. It is unclear when Mr. Podesta requested these five emails. I understand the School provided responsive records to Mr. Podesta at no cost. It is unclear whether Mr. Podesta continues to object to the fee estimates provided in the January 3" fee estimate response mentioned above or the School’s January 11, 2018 response. Mr. Podesta

may appeal the substantive nature of the revised response within ninety days. See 950 C.MLR. 32.08(1).

Aluceo

Rebecca S. felarca! ae

Supervisor of Records

cc: Superintendent Joseph Mastrocola