Colman Herman v. Martha's Vineyard Transit Authority (SPR 20191535)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 14, 2019 SPR19/1535 Suzaime Cioffi Maiiha's Vineyard Transit Authority 11 A Street Edgartown, MA 02539 Dear Ms. Cioffi: I have received the petition of Colman Herman appealing the response of the Martha's Vineyard Transit Authority (Authority) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on Saturday, July 13, 2019, Mr. Herman requested hard copies and electronic copies of: 1. Records of all the expenses that Angie Grant incurred in her capacity as administrator of the [Authority] for the period July 1, 2018 to June 30, 2019. This includes, but is not limited to, the following: (a) Expense reports, including back-up receipts (b) Credit cards statements, including back-up receipts ( c) Automobile expense records (d) Any and all other records that document Ms. Grant's expenses; 2. The written reimbursement policy of the [Authority]; and 3. The written reimbursement policy of the [Authority]. In an email on July 30, 2019, you provided Mr. Herman with a fee estimate which stated, "[a]s your [Public Records Law] request goes beyond a six month period, [t]he rate will be as estimated: minimally 6 hours per year to search (as the invoices are not electronic), make copies and supply copies $25.50 x 6 hours= $153.00. Upon receipt of payment, check or money order, to the [Authority], an estimated date of completion for the records request will be provided." As a result of the Authority's fee estimate on July 30tl1, Mr. Herman petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his petition, Mr. Herman asserts that the Authority did not respond within ten (10) business days on July 29, 2019; therefore, the Authority cannot assess a fee to provide him with the requested records. One Ashbmion Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Suzanne Cioffi SPR19/1535 Page 2 August 14, 2019 In your August 1st email to a Public Records Division staff member, you stated, "[a]s discussed, with the strike by some of the drivers, I had been deployed for other responsibilities at the agency. I did reach out to the requester on Day 11 outlining his request and fees. The [Authority] is willing to complete the request as outlined to the requester on Tuesday, July 31st." Requirements of responding within ten (10) business days The Authority is advised, under the Public Records Law, "[a ] records access officer shall not charge a fee for a public record unless the records access officer responded to the requestor within 10 business days under subsection (b)." G. L. c. 66, § lO(e); see also 950 C.M.R. 32.06(2)(c). The written response shall be made via first class or electronic mail and shall: (i) confirm receipt of the request; (ii) identify any public records or categories of public records sought that are not within the possession, custody, or control of the agency or municipality that the records access officer serves; (iii) identify the agency or municipality that may be in possession, custody or control of the public record sought, if lmown; (iv) identify any records, categories ofrecords or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based, provided that nothing in the written response shall limit an agency's or municipality's ability to redact or withhold information in accordance with state or federal law; (v) identify any public records, categories of records, or portions of records that the agency or municipality intends to produce, and provide a detailed statement describing why the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality and therefore requites additional time to produce the public records sought; (vi) identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein; (vii) suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably; (viii) include an itemized, good faith estimate of any fees that may be charged to produce the records; and

Suzanne Cioffi SPR19/1535 Page 3 August 14, 2019 (ix) include a statement informing the requestor of the right of appeal to the supervisor of records under subsection ( a) of section 1O A and the right to seek judicial review of an unfavorable decision by commencing a civil action in the superior court under subsection ( c) of section 1O A. I find that whereas the Authority, by its own admission to this office on August 1st, responded to Mr. Herman on the 11th business day, not within the required 10 business days, the Authority may not assess any fees for providing the responsive records to Mr. Herman. It is my understanding that a Public Records Division staff attorney contacted you by telephone on August 13, 2019 to discuss this appeal, the Authority's July 30th response, and whether the records were provided. Whereas, this office was unable to reach you directly by telephone, a voicemail message was left for you. Conclusion Accordingly, the Authority is ordered to provide Mr. Herman with the responsive records, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of any such response must 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. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Colman Herman