Brian DeLacey v. Mystic Valley Regional Charter School (SPR 20210779)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 8, 2021 SPR21/0779 Stephanie Solio Mystic Valley Regional Charter School 4 Laurel Street Malden, MA 02148 Dear Ms. Solio: I have received the petition of Brian DeLacey appealing the response of the Mystic Valley Regional Charter School (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 2, 2020, Mr. DeLacey requested “. . . a copy of all records published to your MVRCS Facebook page, at the URL . . .” On December 9, 2020, Mr. DeLacey clarified his request and stated “. . . I am interested in ALL of your MVRCS Facebook page records under the following checkbox items for the standard Facebook export function: Posts, Photos and Videos, Events, Stories, Jobs, Groups, Services, Likes and Reactions or Comments.” Previous appeals The requested records were the subject of previous appeals. See SPR20/2259 Determination of the Supervisor of Records (December 2, 2020); SPR20/2521 Determination of the Supervisor of Records (January 5, 2021); SPR21/0123 Determination of the Supervisor of Records (February 2, 2021); and SPR21/0504 Determination of the Supervisor of Records (March 12, 2021). In my March 12th determination, I directed the School to provide additional information regarding its fee estimate. Accordingly, I ordered the School to provide Mr. DeLacey with a response in a manner consistent with the order, the Public Records Law and its Regulations. Subsequently, the School provided a response on March 23, 2021. Objecting to the fees, Mr. DeLacey petitioned this office and this appeal, SPR21/0779, was opened as a result. Fee estimate – municipalities 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 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

Stephanie Solio SPR21/0779 Page 2 April 8, 2021 public record. G. L. c. 66, § 10(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 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)(iii); 950 C.M.R. 32.06(4). The School’s March 23rd response In its March 23, 2021 response, the School provides the breakdown of its 8 hour estimate as follows: • Creating Facebook accounts and establishing requisite administrative privileges for the searcher. .5 hours • Acclimating searcher to the platform and its settings 1 hour • Running and processing the report .75 hours • Downloading the report .25 hours • Reviewing the report 5 hours • Redacting the report, to the extent legally necessary Unknown • Finalizing formatting and preparing to submit the report .25 hours • Submitting the report .25 hours 8 hours Based on the School’s response, it is unclear why the School requires 5 hours to review the report. In its January 18, 2021 response, the School had indicated that “[t]he number of Facebook ‘Posts’ to the School’s Facebook page are as follows: 2020-418; 2019-426; 2018-117; 2017-126; 2016-122; 2015-107; 2014-38; Total – 1354.” However, it is not clear the number of records the School is looking to review regarding “. . . Photos and Videos, Events, Stories, Jobs, Groups, Services, Likes and Reactions or Comments.” It is additionally uncertain what the School is reviewing the report for where this information has been made available to the public on its Facebook page. The School must clarify this matter. In his appeal petition, Mr. DeLacey states “[t]he ‘Unknown’ cost for ‘Redacting the report’, doesn’t apply: these records are already publicly published.” Where the School has not assessed a fee for this portion of the task, I find it is premature to opine on this matter at this time.

Stephanie Solio SPR21/0779 Page 3 April 8, 2021 Conclusion Accordingly, the School is ordered to provide Mr. DeLacey with a response to the request, provided 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, Rebecca S. Murray Supervisor of Records cc: Brian DeLacey