Thomas Perry v. Norwood, Town of - Public Schools (SPR 20190345)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 20, 2019 SPR19/345 Ann Marie Ellis Norwood Public Schools Director of Finance and Operations P.O. Box 67 275 Prospect Street Norwood, MA 02062 I have received your petition on behalf of the Norwood Public Schools (School) seeking a waiver of statutory limits on fees that may be assessed in responding to requests for public records. G. L. c. 66, § 10(d )(iv); see also 950 C.M.R. 32.06(4 ). In a request received by the School on January 29, 2019, Thomas Perry of Toshiba requested the following records: a copy of all responses received from all vendors to the referenced Request for Copier Quotation issued by Ms. Deborah LeBlanc on November 19, 2018 on behalf of Ms. Ann Marie Ellis, Director of Finance & Operations, Norwood Public Schools. Toshiba also requests copies of the emails, if any, with which they were submitted. If any clarification request was requested of vendors, please include any copies of the request and response. Toshiba also requests copies of any and all contracts completed with the winning vendor of the RFQ, as well as any supporting documentation to the contracts including, but not limited to Statement of Works, Spreadsheets with asset descriptions, financial breakdowns and placements. I understand the School provided a fee estimate to Mr. Perry on February 11, 2019. Petitions for ability to assess fees The Supervisor may approve a petition from a municipality to charge for time spent segregating or redacting or to charge in excess of $25 per hour, if the Supervisor determines that 1) the request is for a commercial purpose or 2) the fee represents an actual and good faith representation by the municipality to comply with the request, the fee is necessary such that the request could not have been prudently completed without the redaction, segregation or fee in excess of $25 per hour, and the amount of the fee is reasonable and the fee is not designed to limit, deter or prevent access to requested public records. G. L. c. 66, § lO(d)(iv). 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

Anne Marie Ellis SPR19/345 Page2 February 20, 2019 In rendering such a decision, the Supervisor is required to consider the following: a) the public interest served by limiting the cost of public access to the records; b) the financial ability of the requestor to pay the additional or increased fees; and c) any other relevant extenuating circumstances. Id. The Town's fee petition Subsequent to the opening of this petition, I was informed that the requestor has agreed to pay the estimated fees, consequently, I decline to opine on the Town's petition at this time. Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Thomas Perry