Brian DeLacey v. Mystic Valley Regional Charter School (SPR 20211192)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 26, 2021 SPR21/1192 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); SPR21/0504 Determination of the Supervisor of Records (March 12, 2021); and SPR21/0770 Determination of the Supervisor of Records (April 8, 2021). In my April 8th determination, I directed the School to clarify why it requires 5 hours to review the responsive records. Accordingly, I ordered the School to provide Mr. DeLacey with a response. Subsequently, the School provided a response on April 22, 2021. Unsatisfied with the School’s response, Mr. DeLacey petitioned this office and this appeal, SPR21/1192, 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 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 SPR21/1192 Page 2 May 26, 2021 ($.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)(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 April 8th response In its April 8, 2021 response, the School indicates that it possesses “. . . the following approximate number of requested documents in its Facebook page: Posts 4,000; Photos & Videos 1,900; Events 375; Stories 0; Jobs 0; Groups 0; Services 0; Likes & Reactions 10; Comments 60; Total Documents: 6,345.” The School explains that “[e]ven though the vast majority of these documents would have previously been made public, it would be irresponsible to publicly disclose such a large packet of items dating back to 2012 without briefly reviewing them for inadvertent disclosures of personal information or other redactable material.” The School states that “[g]iven the grand total of over 6,000 documents to review, with even a cursory inspection, 5 hours, or 1300 documents per hour, is a more than reasonable estimate.” In its response, the School states that it is assessing a fee for reviewing the records. Please note that under the Public Records Law, a fee may 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)(ii); 950 C.M.R. 32.06(4). I am not aware that the School has submitted a petition under G. L. c. 66, § 10(d)(iv). Please note that petitions seeking permission to assess fees must be made within ten business days after receipt of a request for public records. See 950 C.M.R. 32.06(4)(g). 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.

Stephanie Solio SPR21/1192 Page 3 May 26, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Brian DeLacey