Malden Transparency v. Wilmington, Town of - Public Schools (SPR 20212665)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 25, 2021 SPR21/2665 Lauren Celi Records Access Officer Assistant Director of Administration and Finance Town of Wilmington Public Schools 161 Church Street Wilmington, MA 01887 Dear Ms. Celi: I have received the petition of Malden Transparency (aka OpenMalden.com) appealing the response of the Town of Wilmington Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 26, 2021, Malden Transparency requested the following: 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 8, 2021, the School provided Malden Transparency with a response, including a fee estimate. With its October 8th response and fee estimate, the School provided Malden Transparency with the responsive Vendor/Check History and Vendor History evidencing payments made to the law firm. In its fee estimate the School indicates it is in possession of 93 pages of responsive invoices from the identified law firm which require segregation and redaction of 1.5 hours of time at $75.00 per hour for attorney review at a total cost of 112.50. In the evening of October 8th, objecting to the fees, Malden Transparency appealed, and this case was opened. In its petition, Malden Transparency contends the School is charging for records organization. On October 15, 2021, the School provided a supplemental response stating, “…though [Malden Transparency’s] appeal indicates that an RAO cannot charge for records organization, the [School’s] fee petition did not include any time for records organization. The [School] has only requested to charge a fee for the time necessary to segregate and redact any responsive records.” In its fee and time petition, the School indicated, “[i]nvoices have been retrieved from the files and compiled for review.” 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. Lauren Celi SPR21/2665 Page 2 October 25, 2021 Where the basis of this appeal was opened as a result of the School’s October 8th response, I will now consider this administrative appeal closed. Malden Transparency may appeal the substantive nature of the School’s October 15th response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Malden Transparency