Chrissy Ryan v. Amherst Regional Public Schools (SPR 20192136)

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

Rebecca S. Murray Supervisor of Records

October 30, 2019 SPR19/2136

Debbie Westmoreland

Director of Communications and Operations Amherst-Pelham Regional Public Schools 170 Chestnut Street

Amherst, MA 01002

Dear Ms. Westmoreland:

I have received the petition of Chrissy Ryan appealing the response of the Amherst- Pelham Regional School District (District) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Ryan requested “a breakdown in full detail what defines ‘regular instruction’ (roles, current employees, steps, grades taught), ‘special education’ ‘other programs and services’ and so on...the accepted budget — in excel spreadsheet format.”

Previous Appeal

This request was the subject of a previous appeal. See SPR 19/1813 Determination of the Supervisor of Records (September 19, 2019). In my September 19" determination I ordered the District to provide Ms. Ryan with a response to her request for records. The District responded on October 3, 2019, providing Ms. Ryan with a fee estimate of $25.00 for 3 hours of work to produce responsive records. Unsatisfied with the response she received from the District, Ms. Ryan petitioned this office and this appeal, SPR 19/2136, was opened as a result.

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). Once fees are paid, a records custodian must provide the responsive records.

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)().

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 * (617) 727-2832+ Fax: (617) RT- 5914 sec.state.ma.us/pre * pre@sec.state.ma.us

Ms. Debbie Westmoreland SPR19/2136 Page 2 October 30, 2019

Municipalities may not assess a fee for the first two (2) 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 fewer. 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 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 under a petition under G. L. c. 66, § 10(d)(iv). G. L. c. 66, § 10(d) (iii); 950 C.MLR. 32.06(4). .

An RAO may not charge a fee unless the RAO provides a written response within 10 business days following the receipt of the request in compliance with G. L. c. 66, § 10(b),(e). An RAO may 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. See G. L. c. 66, § 10(b)(vii).

The District’s Fee Estimate

On October 3, 2019 the District provided a fee estimate, stating that “[a]n initial search indicates that records responsive to your request do not exist in the format you are requesting. Responsive records in other formats are in the custody of the DISTRICT, but will require pulling from other sources.” The District estimated 3 hours of search time, less the initial two hours which must be waived. The Distract stated that the lowest-paid district employee capable of performing the work earn'$31.22 per hour, charged at $25.00 per hour, in accordance with 950 C.M.R. 32.07(2)(b), for a total estimated cost of $25.00.

The District may not be permitted to charge fees associated with the records request if the District did not provide a response to the request within 10 business days, in compliance with the provisions of the Public Records Law. See G. L. c. 66, §10(e); see also 950 C.M.R. 32.06(2)(c). In light of my determination in SPR 19/1813, it is uncertain whether the District complied with G. L. c. 66, § 10(e) when responding to Ms. Ryan. Therefore, I find the District must demonstrate whether it responded to the records request within ten business days following receipt of the request, in compliance with G. L. c. 66, § 10(e) and 950 C.M.R. 32.06(2)(c).

Ms. Debbie Westmoreland SPR19/2136 Page 3 October 30, 2019

Conclusion

Accordingly, the District is ordered to provide Ms. Ryan a response in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is pr eferable to send an electronic copy of this response to this office at pre@sec.state.ma.us.

Sincerely,

Rebecca S. Murray Clecea Muay,

Supervisor of Records

“ce! Chrissy Ryan