Corey Spaulding v. Framingham, City of (SPR 20221442)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 6, 2022 SPR22/1442 Paul J. Iversen Records Access Officer City of Framingham 150 Concord Street Framingham, MA 01702 Dear Mr. Iversen: I have received the petition of Corey Spaulding appealing the response of the City of Framingham (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 4, 2022, Ms. Spaulding requested “any and all emails, records, information, documents, notes, etc. that the Town/City of Framingham, School Committee has that referenced [two named individuals].” Previous Appeal This request has been the subject of a previous appeal. See SPR22/1170 Determination of the Supervisor of Records (May 26, 2022). In my May 26th determination, I found that the City must revise its fee estimate or provide further explanation of how the fee assessed is expressly provided for and consistent with G. L. c. 66, § 10(d). On June 10, 2022, the City provided a response. Unsatisfied with the City’s response, Ms. Spaulding petitioned this office and this appeal, SPR22/1442, was opened as a result. 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, 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

Paul J. Iversen SPR22/1442 Page 2 July 6, 2022 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 City’s June 10th Response In its June 10, 2022 response, the City stated that: The City has provided a more than reasonable fee estimate by both rounding down the amount of time to segregate and redact the records as required by law and only including the cost for production of emails. Further, the City confirms that the rate of $25.00 per hour is lower than the hourly wage of the lowest paid employee capable of performing such work. The City reiterates that all fees quoted are for segregation and redaction as required by law. Current Appeal In her June 21, 2022 appeal, Ms. Spaulding states “appeal-City of Framingham is refusing to provide the requested records.” Based on the foregoing, it is unclear what the basis of Ms. Spaulding’s appeal is. Ms. Spaulding is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). Accordingly, Ms. Spaulding must describe her specific objections to the City’s June 10th response. I encourage Ms. Spaulding and the City to communicate further in order to facilitate producing records efficiently and affordably. Ms. Spaulding may wish to include applicable time periods or additional factors to enable the search to be processed. G. L. c. 66, § 10(a)(i). The City must use its knowledge of the records to facilitate providing any responsive records. G. L. c. 66, § 10(a)(vii) (an agency or municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably). Conclusion Accordingly, I will consider this administrative appeal closed.

Paul J. Iversen SPR22/1442 Page 3 July 6, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Corey Spaulding