Chrissy Ryan v. Amherst-Pelham Regional School Districts (SPR 20192248)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 8, 2019 SPR19/2248 Debbie Westmoreland Director of Communications and Operations Amherst-Pelham Regional Public Schools 170 Chestnut Street Amherst, MA O1 002 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, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Ryan requested "[a]ll travel logs for Faye Brady from 2016 to present." The District responded to Ms. Ryan with a fee estimate on September 20, 2019, estimating that it would take 4.5 hours to complete the request, for a cost of $62.50. Unsatisfied with this response Ms. Ryan petitioned this office and this appeal, SPR 19/2248, was opened as a result. Fee Estimates If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10( d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, § lO(d)(i). 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, § lO(d)(iii). Where appropriate, municipalities may include as part of the fee an hourly rate equal to or less than the hourly rate 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

Ms. Debbie Westmoreland SPR19/2248 Page 2 November 8, 2019 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, § lO(d)(iv). G. L. c. 66, § lO(d)(iii); 950 C.M.R. 32.06(4). The District's Fee Estimate In its September 20th response, the District stated "[t]he Business Office estimates it will take 4.5 hours to produce this request. The first two hours will be at no cost with the additional 2.5 hours at a cost of $25 per hour for a total of $62.50." The Public Records Law provides that in cases where necessary to reproduce the requested records a records access officer may charge a fee to search for, compile, segregate, redact or reproduce a requested record based on the hourly rate of the lowest paid employee who is capable of performing the task. G. L. c. 66, § lO(d); see also 950 C.M.R. 32.07(2). The reasonable fee for reproduction shall not exceed the actual cost of reproducing the record. Id. The District may permissibly charge for time spent searching for and reproducing the requested records. However, while the District may charge for time spent searching for the records, it is unclear how it reached the estimate of 4.5 hours for the work. The District must clarify how it arrived at this estimate. · Employee time 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. In its fee estimate, the District does not identify the employee(s) who will complete the request, nor the rate at which those employees are paid. Therefore, it is unclear whether the District calculated its estimate using the hourly rate of the lowest-paid employee capable of performing the work. See 950 C.M.R. 32.07(2)(i). The District must clarify this matter.

Ms. Debbie Westmoreland SPR19/2248 Page 3 November 8, 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 preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, ~y~ Supervisor of Records cc: Chrissy Ryan