Malden Transparency v. Springfield, City of - Public Schools (SPR 20212622)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 21, 2021 SPR21/2622 Melinda M. Phelps, Esq. Bulkley, Richardson and Gelinas, LLP 1500 Main Street, Suite 2700 Springfield, MA 01115 Dear Attorney Phelps: I have received the petition of Malden Transparency appealing the response of the City of Springfield Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Malden Transparency requested: For the time period January 1, 2019 through the date [the School] respond[s] with the responsive documents . . . 1. All billing statements and/or invoices from [a named law firm]. 2. All documents evidencing payments made to [a named law firm]. On October 6, 2021, the School provided three pages evidencing payment of invoices to Murphy, Hesse, Toomey & Lehane, LLP for the time period of January 1, 2019 through June 24, 2021. Also on October 6th, the School filed a petition with the Supervisor of Records (Supervisor) to assess fees for segregation and redaction of certain of the information in the records under Exemption (c), to assess an hourly rate of $75.00 per hour, in access of the $25.00 per hour maximum under the Public Records, for Legal Counsel to segregate and redact any information under the common law attorney-client privilege; attorney work-product, and personally-identifying information under federal and state law pertaining to students and parents. As a result of the School’s October 6th response, Malden Transparency petitioned the Supervisor of Records (Supervisor), and this appeal was opened. While the determination of this appeal was pending, on October 8th and on behalf of the School, its’ Legal Counsel, Bulkley, Richardson and Gelinas, LLP, provided Malden Transparency and this office with a supplemental response. The School’s October 8th response states, “[the School] will provide electronically and without cost, the 192 pages of invoices submitted for payment to [the School] from Murphy, Hesse, Toomey & Lehane, LLP, from 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

Melinda M. Phelps, Esq. SPR21/2622 Page 2 October 21, 2021 January 1, 2019 to the present, redacted consistent with FERPA, 603 CMR 23.00, the attorney- client privilege, and work product privilege, if any.” Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Malden Transparency