Commonwealth Transparency v. Masconomet Regional School District (SPR 20241208)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 6, 2024 SPR24/1208 Jacqueline Bolduc Executive Assistant to the Superintendent Masconomet Regional School District 20 Endicott Road Boxford, MA 01921 Dear Ms. Bolduc: I have received the petition of Commonwealth Transparency (“requestor”) appealing the response of the Masconomet 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 April 6, 2024, the requestor sought the following for the period of January 1, 2018 through April 5, 2024: [1.] Any and all contracts, communications, or documents of any kind with [three specified terms] [2.] Any and all payments made to [three specified terms] [3.] Any and all conflict of interest documents for [three specified terms.] On April 22, 2024, the School responded, providing a fee estimate. Unsatisfied with the School’s response, the requestor petitioned this office and this appeal, SPR24/1208, was opened as a result. Fees Estimates - Municipalities 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. 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). 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

Jacqueline Bolduc SPR24/1208 Page 2 May 6, 2024 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 how 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). Modification of the scope of the request It is my understanding that on April 11, 2024, the requestor modified the scope of the request. This office encourages the requestor and the School to continue to communicate to facilitate providing records more efficiently and affordably. In light of the requestor’s modification of the scope of the request, and where the School’s April 22, 2024 fee estimate was in response to the requestor’s April 6, 2024 request, I find it unnecessary to opine on the School’s April 22nd fee estimate at this time. Any revision to the request would result in the requirement to issue a revised fee estimate. Any fee estimate by the School must be in compliance with the Public Records Law and its Regulations. If the requestor remains unsatisfied, the requestor may further appeal the School’s new fee estimate within 90 days of receipt of the response. See 950 C.M.R. 32.08(1). Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Commonwealth Transparency