Brian DeLacey v. Mystic Valley Regional Charter School (SPR 20211763)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 27, 2021 SPR21/1763 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); SPR21/0770 Determination of the Supervisor of Records (April 8, 2021); and SPR21/1192 Determination of the Supervisor of Records (May 26, 2021). In my May 26th determination, I found that the School may not assess a fee for reviewing the records where redactions were not required by law and a petition was not filed in accordance with G. L. c. 66, § 10(d)(iv). Accordingly, the School was ordered to provide Mr. DeLacey with a response. Subsequently, the School provided a response on June 8, 2021. Unsatisfied with the School’s response, Mr. DeLacey petitioned this office and this appeal, SPR21/1763, was opened as a result. Fee estimate – municipalities A municipality may assess a reasonable fee for the production of a public record except 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 SPR21/1763 Page 2 July 27, 2021 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)(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 June 8th response In its June 8, 2021 response, the School indicates that “[t]he large majority of the items you requested are posts. . . . [P]osts can come from anywhere in the world from anyone with an internet connection. These posts, dating back to 2012, have not been reviewed to determine if there are any items that contain inappropriate or personal material. Under the Public Records law, a fee may be assessed if segregation or redaction is required by law. These posts may contain nothing that would need to be redacted by law, but they certainly could. And if they could, the School would be irresponsible in making public over 4,000 files without checking to see if anything needs to be redacted.” The School states “[i]f the Secretary of State’s Office will legally indemnify the School for any damages that result from such a release of unreviewed information, then we will release all of the requested documents immediately. Otherwise, we will need to check these items, and that will take time and money.” The School is advised 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). If the School intends to make redactions required by law, it must state the applicable statutes, if any. Otherwise, the School may not assess a fee for reviewing the records. Order Accordingly, the School is ordered to provide Mr. DeLacey with responsive records,

Stephanie Solio SPR21/1763 Page 3 July 27, 2021 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 Matthew Campbell, Esq.