Gloria Pascual v. Framingham, City of - Public Schools Department (SPR 20192116)

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

Rebecca S. Murray Supervisor of Records

October 29, 2019 SPR19/2116 Amy Kane . Framingham Public Schools 73 Mt. Wayte Avenue, Suite 5 Framingham, MA 01702

Dear Ms. Kane:

I have received the petition of Ms. Gloria Pascaul appealing the fee estimate of the © Framingham Public School District (District) to a request for public records. G. L. c. 66, § 10A; see also 950 C.MLR. 32.08(1). Specifically, on September 13, 2019, Ms. Pascaul requested three categories of records including:

1. All records consisting of communications between or among individuals or entities, whether paid or otherwise compensated for their service or information made available to the school committee Chair, Superintendent of Schools, and the HR Director which contains any mention of or reference to Gloria Pascual from January, 2018 to September 13, 2019

2. Minutes of all School Committee Executive Session meetings from January |, 2018 to September 13, 2019.

3. Allrecords of all communications to and from HR department personnel which mention any custodians, the Unit C contract and bargaining sessions, and include any mention or

reference to Gloria Pascual from January 1, 2018 to September 13, 2019.

On September 26" the District responded to Ms. Pascual’s request with a fee estimate containing four different record options and a request for modification. The request was subsequently modified to seek “[a]ll records of all communications to and from HR department personnel and any other staff member, Superintendent and/or School Committee Members which

mention any custodians, the Unit C contract and bargaining sessions, and include any mention or reference to Gloria Pascual from June 1, 2018 to September 26, 2019.”

In an October 28, 2019 response, the District estimated that it would cost $400 to provide the requested records. Unsatisfied with the response, Mr. Pascual petitioned this office, and this appeal, SPR19/2116, was opened as a result.

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

Gloria Pascual | SPRI 9/2116 Page 2 October 29, 2019

Fee Estimates

A municipality 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, § 10(d). The fees must reflect the actual cost of complying with a particular request. Id, 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)(). .

. Municipalities may not assess a fee for the first two hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested unless the municipality has 20,000 people or less. G. L. c, 66, § 10(d)(iii). 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. Id. However, municipalities may charge more than $25 per hour if such rate is approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv).

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)Gii); 950 C.M.R. 32.06(4).

The District’s October 28th Response

- The District’s October 28" response indicated that the anticipated time to complete the request is 12 hours, charged at a rate of $25 per hour, with the fee for the first two hours waived. Additionally, the District ‘ndicated that the anticipated time to review and redact is 2 hours, charged at a rate of $75 per hour, as approved in SPR1 9/2058 fee petition.

I find the District must explain why twelve hours will be needed to produce the records. Specifically, it must describe how much time will be needed to generate and review the 482 emails.

Conclusion

Accordingly, the District is ordered to provide Mr. Pascual a revised response in a manner consistent with the Public Records Law, its Regulations, and this order 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.

sncerely,

Rebecca S. La. Mou .

Supervisor of Records cc: Gloria Pascual