Commonwealth Transparency v. Dedham, Town of - Public Schools (SPR 20212901)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 16, 2021 SPR21/2901 Amy Hicks Executive Assistant to the Superintendent Dedham Public Schools 100 Whiting Avenue Dedham, MA 02026 Dear Ms. Hicks: I have received the petition of Commonwealth Transparency appealing the response of the Dedham Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 12, 2021, Commonwealth Transparency requested the following: For the time period January 1, 2016 through the date you respond with the responsive documents, please provide the following; Any and all public records requests seeking public records of your school(s), and/or district(s). 1. All metadata from the requests in #1 above including all contact information of the requestor, including but not limited to emails and text messages. 2. All electronic communications regarding #1 above including but not limited to emails and text messages. 3. All responses, appeals, fee requests and responsive records resulting from the requests in #1 above. Previous petition This request was also the subject of an October 26, 2021 petition from the School. See SPR21/2833 Supervisor of Records Determination (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 search, segregation, and redaction. Objecting to the fees, Commonwealth Transparency petitioned this office and this appeal, SPR21/2901, was opened as a result. 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

Amy Hicks SPR21/2901 Page 2 November 16, 2021 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 ($.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 26th fee estimate In its October 26th fee estimate, the School informed Commonwealth Transparency that it was in possession of approximately 100 pages of public records request responsive to part one of the request. The School further stated that it was in possession of 84,812 emails which may be responsive to parts two and three of the request. The School further stated, “…the [School] searched its email system for the words ‘public records’ and/or ‘FOIA.’ The [School’s] search generated 84,812 emails which may be responsive to [Commonwealth Transparency’s] request and will need to review each email to ensure responsiveness.” Finally, the School stated that they were in possession of 75 pages responsive to part four of the request. The School estimated its search time, “…In this case, the District estimates that it will take approximately thirty (30) seconds per email to read the email and determine whether it is responsive to the request.” The School stated, “…the District has already spent 4 hours time searching for the records. As a result, the District estimates a total of 711 hours for search (based on 84,812 emails) of the records.” The School estimated it would take approximately 1 minute per page to segregate and redact the records time stating. It is estimated that the review, segregation and redaction will take 3.00 hours at $25.00 per hour; however, the School will not charge for the first two hours of that time. See G. L. c. 66, § 10(d)(iii). The School asserts, “…the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce the record

Amy Hicks SPR21/2901 Page 3 November 16, 2021 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 following fee estimate.” The School estimated the cost as the following: “Seven hundred eleven hours for search plus 3 hours for segregation and redaction is a total of 714 hours. In accordance with 950 CMR 32.07(2)(m)(1), Open Commonwealth will not be charged for the first two (2) hours of those services. Seven hundred fourteen minus two hours is a total of 712 hours. Seven hundred twelve hours multiplied by $25 per hour yields a fee estimate of $17,800.” The School must clarify the tasks involved in its 711 hour search for responsive records. Conclusion Accordingly, the School is ordered to provide Commonwealth Transparency with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 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: Commonwealth Transparency