Megan Hamilton-McKeon v. Old Rochester Regional School District (SPR 20240861)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 5, 2024 SPR24/0861 Michael S. Nelson Superintendent Old Rochester Regional School District 135 Marion Road Mattapoisett, MA 02739 Dear Superintendent Nelson: I have received the petition of Megan Hamilton-McKeon appealing the response of the Old Rochester Regional School District (School/District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 7, 2024, Ms. Hamilton-McKeon requested the following: [1.] [A]ll of [her] emails from any email accounts Old Rochester Regional School District has access to on site and/or in archive, etc. [2.] Emails to and from . . . and any other variation of name are requested. [3.] The .org and mec accounts from January 1, 2000- present as well as any additional type of email utilized are requested. The School responded on March 21, 2024, providing a fee estimate. Objecting to the fees, Ms. Hamilton-McKeon appealed, and this case was opened as a result. Subsequent to the opening of this appeal, in a letter to Ms. Hamilton-McKeon and this office on April 2, 2024, the School provided a supplemental response. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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

Superintendent Michael S. Nelson SPR24/0861 Page 2 April 5, 2024 It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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 2 (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). The School’s March 21st Fee Estimate In its March 21, 2024 response, the School provides a fee estimate totaling $6,700. The School explains that redactions to the records will likely have to be made under Exemption (a) of the Public Records Law, G. L. c. 71, §§ 34D and 34E, and FERPA, as well as under Exemption (c). Additionally, the School provides the following explanation in support of its fee estimate: In the most-recent decennial U.S. Census, the member towns of the Old Rochester Regional School District (Marion, Mattapoisett, and Rochester) had a total population of 17,572 and, as such, the District may charge a fee for all time involved in responding to your request.... Given the nature and complexity of the exemptions and privileges cited above, and the wide-ranging and private nature of the related information, the lowest paid employee of the District who could

Superintendent Michael S. Nelson SPR24/0861 Page 3 April 5, 2024 continue the search for, compilation, review, segregation, redaction and reproduction of records and make judgments as to which information is public and which information is exempt and must be redacted would be myself, as Records Access Officer, and my annual salary exceeds $25.00 per hour. As a result, any time for completing this process would be billed to you at the maximum rate of $25.00 per hour. Based on the breadth of your request, the complexity of the applicable exemptions, and the sheer number of records and sources of records, I estimate that it will take an average of approximately two (2) minutes per page to fully search for, compile, review, segregate, redact, and reproduce each record. For the approximately 8,060 emails, which the District has identified to date as responsive to your request, it would take an estimated 268 hours to complete the District’s search for, compilation, review, segregation, redaction and reproduction of those records, for a total fee of approximately $6,700.00. Current Appeal In her appeal petition, Ms. Hamilton-McKeon contends the following: The basis as to what is at issue regarding the request sent is at least that accessing the emails is necessary regarding the complaint brought, etc. Details are necessary about all emails from January 1, 2000 through March 7, 2024 (00-24) onsite and/or in archive. Details are necessary about any other variation of names 00-24 as only one of them, (it reads as there may be more names), meganhamiltonmckeon @oldrochester.org was included missing detail. Details are necessary about the .org account, the mec account and any and all other variations of name and or accounts 00-24 are not included. Addressed in Separate Appeal It is my understanding that the subject matter of this request and the issues raised in Ms. Hamilton-McKeon’s appeal concerning the School’s fee estimate were addressed in SPR24/0689 Determination of the Supervisor of Records (March 19, 2024). Further, please note that Ms. Hamilton-McKeon’s appeal of the School’s April 2, 2024 response concerning the fee estimate is currently under consideration in a separate appeal, SPR24/1028. Regarding Ms. Hamilton- McKeon’s other objections to the School’s claims for withholding or redacting specific records, please be advised that where the School has yet to produce the records, I find this matter cannot be addressed at this time, as the contents of these records are unclear. Once records are provided, Ms. Hamilton-McKeon may appeal the substantive nature of the School’s response within ninety calendar days. See 950 C.M.R. 32.08(1).

Superintendent Michael S. Nelson SPR24/0861 Page 4 April 5, 2024 Conclusion Accordingly, I will consider this administrative appeal closed. If Ms. Hamilton-McKeon is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Megan Hamilton-McKeon