Commonwealth Transparency v. Mashpee, Town of - Public Schools (SPR 20212895)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 16, 2021 SPR21/2895 Patricia M. DeBoer Superintendent of Schools Mashpee Public Schools 150A Old Barnstable Road Mashpee, MA 02649 Dear Superintendent DeBoer: I have received the petition of Commonwealth Transparency appealing the response of Mashpee Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Commonwealth Transparency requested: For the time period January 1, 2016 through the date you respond with the responsive documents, please provide the following: 1. Any and all public records requests seeking public records of your school(s), and/or district(s); 2. All metadata from the requests in #1 above including all contact information of the requestor, including but not limited to emails and text messages; 3. All electronic communications regarding #1 above including but not limited to emails and text messages; and 4. All responses, appeals, fee requests and responsive records resulting from the requests in #1 above. On October 26, 2021, the School provided a response which included a fee estimate of $75.00. As a result of the fee estimate, Commonwealth Transparency petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In the petition, Commonwealth Transparency objects to the School’s fees for “search time,” and to the fees for segregation and redaction of privileged and exempt material. Commonwealth Transparency also alleges that the School’s assessment of 1.5 hours for search time is actually for “records organization.” 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

Supt. Patricia M. DeBoer SPR21/2895 Page 2 November 16, 2021 Previous petition This request was the subject of an October 26, 2021 petition from the School. See SPR21/2829 Determination of the Supervisor (November 2, 2021). In my November 2nd determination, I found that the School had established good cause for a time extension of 30 business days and that the School may assess a fee for segregation and redaction. Fee estimates - 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 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 October 26, 2021 fee estimate In its October 26th fee estimate, the School indicates it, “…is in possession of approximately 330 pages of public records requests responsive to [the] Request #1. With respect to [the Requests #2 and #3], the School searched its email system for the words public records and/or FOIA. The School’s search generated 78 emails which may be responsive to the request and will need to review each email to ensure responsiveness. The [School] is not aware of any text messages responsive to your request. Lastly, the [School] is in possession of approximately 250 pages of responses, appeals, fee requests and responsive records resulting from the requests. The [School] has no other responsive documents.” The School has estimated, “…it will take approximately thirty (30) seconds per email to read the email and determine whether it is responsive to the request. Furthermore, the [School] has already spent 1 hour time searching for the records. As a result, the [School] estimates a total of 1.5 hours for search of the records.”

Supt. Patricia M. DeBoer SPR21/2895 Page 3 November 16, 2021 With regard to the School’s fee for segregation and redaction of the records, it states, “[e]ach page of the records you seek must also be reviewed to determinate if any exemptions or privileges apply.” The School has estimated that, “…it will take approximately 1 minute per page to complete its segregation, and potential redaction of the records sought in [the] request. As a result, the [School] estimates a total of 1.5 hours for segregation and redaction.” In its response and fee estimate, the School indicated that the records may be redacted under the attorney-client privilege, federal and state laws and regulations that protect the privacy of personally-identifying information of students, and personal email addresses and personal cell phone numbers and/or unpublished home telephone numbers. Where the School indicates that based on its 2020 Census data, the population of Mashpee is 15,060, the School may charge a fee for the first two hours of time spent searching for, compiling, segregating, redacting and reproducing the requested records. See 950 C.M.R. 32.07(2)(m). The School indicates, “…the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce the record requested is a salaried employee whose effective hourly rate exceeds $25 per hour. Notwithstanding that rate, a rate of $25 per hour will be used to calculate the fee estimate.” The total estimate the School provided Commonwealth Transparency is $75.00. This total is based on, “1.5 hours for search plus 1.5 hours for segregation and redaction is a total of 3 hours. 3 hours multiplied by $25 per hour yields a fee estimate of $75.00.” The School also advised Commonwealth Transparency that the fee estimate may be reduced if the requestor narrows the scope of the request, such as, the period of time for the records being sought. Based on the School’s October 26th response and fee estimate, and based on the information provided to the Supervisor in the School’s October 26th fee and time petition, I find that the School has met its burden in responding to the request. Conclusion As set forth above, I find the School has met its burden in responding to Commonwealth Transparency’s request. Any revision to the request would result in the requirement to issue a revised estimate. Accordingly, I will consider this administrative appeal closed. Sincerely, . .I - ·. , _ - _ --. ~ Rebecca S. Murray Supervisor of Records cc: Commonwealth Transparency