Corey Spaulding v. Shrewsbury, Town of - Public Schools (SPR 20232657)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 14, 2023 SPR23/2657 Christian Girardi Assistant Superintendent for Finance and Operations Shrewsbury Public Schools 15 Parker Road Shrewsbury, MA 01545 Dear Mr. Girardi: I have received the petition of Corey Spaulding appealing the response of the Shrewsbury Public Schools (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 16, 2023, Ms. Spaulding requested: [1.] The names of the employees who accept and control the federal and state grants for the past 5 years. [2.] Any and all grants, funds the Shrewsbury School Committee received from the federal government: please provide the forms or bills submitted with their identification numbers (the grant and the bill) the amount of money received and for the particular goods or services the grants/funds were earmarked for as well as any and all receipts supporting the grants were used for the services or goods intended. The names of the individuals involved in the billing, the length of time between receiving the grants and the submission of claims based on those practices and procedures. On October 27, 2023, the School provided Ms. Spaulding with a fee estimate. Unsatisfied with the response, Ms. Spaulding petitioned the Supervisor of Records and this appeal, SPR23/2657, was opened as a result. Fee Estimates 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 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

Christian Girardi SPR23/2657 Page 2 November 14, 2023 ($.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 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). Petitions relating to fees must be submitted to the Supervisor within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(g). The School’s October 27th Fee Estimate In its October 27, 2023 response, the School provided a fee estimate of $37,450.00, for a total of 1,498 hours. In its response, the School states: In this case, 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 following fee estimate. The School further breaks down the estimate as follows: [The School] estimates that it will take approximately 1 minute per page to complete its review, segregation, potential redaction, and reproduction of the records sought in your request. [The School] processes an estimated 120 grant transactions per week with documentation averaging three pages per transaction, totaling 360 pages per week needing review. This equates to 18,000 pages per year (360 pages at one minute each x 50 weeks) and 90,000 pages over a 5 year period (360 pages at one minute each x 50 weeks x 5 years). As a result, [the School] estimates a total of 1,500 hours (360 pages at one minute each x 50 weeks x 5 years / 60 minutes) for review, segregation, redaction, and reproduction. 1,500 hours for review, segregation, redaction, and reproduction is a total of 1,500 hours. In accordance with 950 CMR 32.07(2)(m)(1), you will not be charged for the first two (2) hours of those services. 1,500 hours minus two hours is a total of

Christian Girardi SPR23/2657 Page 3 November 14, 2023 1,498 hours. 1,498 hours multiplied by $25 per hour yields a fee estimate of $37,450.00. Current appeal In her appeal, Ms. Spaulding states, “I am appealing the amount of cost $37,450.00 - as exorbitant…” I find the School must clarify if the redactions are required by law, and state the applicable statutes, if any. Pursuant to the Public Records Law, a fee may 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)(ii); 950 C.M.R. 32.06(4). The School must clarify this matter. I encourage Ms. Spaulding and the School to communicate in order to facilitate producing records efficiently and affordably. Ms. Spaulding may wish to narrow the parameters or include applicable time periods or factors to enable the search to be processed. G. L. c. 66, § l0(a)(i). The School must use its knowledge of the records to facilitate providing any responsive records. G. L. c. 66, § l0(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). Based on the above, I find the School must revise its fee estimate or provide further explanation of how the fee assessed in its October 27th estimate is consistent with G. L. c. 66, § 10(d). Conclusion Accordingly, the School is ordered to provide Ms. Spaulding with a response to the request, provided 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Corey Spaulding