Commonwealth Transparency v. Belmont, Town of - Public Schools (SPR 20241316)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 14, 2024 SPR24/1316 Artemis Tingos Executive Assistant to the Superintendant Office of the Superintendent Belmont Public Schools 644 Pleasant Street Belmont, MA 02478 Dear Ms. Tingos: I have received the petition of Commonwealth Transparency (“requestor”) appealing the response of the Belmont 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 April 6, 2024, the requestor sought: …for the time period January 1, 2018 through April 5, 2024: [1.] Any and all contracts, communications, or documents of any kind with the following: Accountedge LLC – 3 Meadowlark Farm Lane, Middleton, MA 01949 USA [two identified individuals] [at identified addresses]. [2.] Any and all payments made to: Accountedge LLC – 3 Meadowlark Farm Lane, Middleton, MA 01949 USA [two identified individuals] [at identified addresses]. [3.] Any and all conflict of interest documents for: Accountedge LLC – 3 Meadowlark Farm Lane, Middleton, MA 01949 USA [two identified individuals] [at identified addresses]. Previous appeal This request was the subject of a previous appeal. See SPR24/1138 Determination of the Supervisor of Records (April 30, 2024). In my April 30th determination, I ordered the School to clarify the basis of the fee estimate. The School provided a further response on April 30, 2024. Unsatisfied with the School’s response, the requestor petitioned this office and this appeal, SPR24/1316, 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

Artemis Tingos SPR24/1316 Page 2 May 14, 2024 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 (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). Current Appeal In the appeal petition, the requestor stated, “OpenCommonwealth again appeals the response below of Belmont as incongruent with the public records law and no proper reasoning for requested fees.” The School’s April 30th fee estimate In its April 30, 2024 fee estimate, the School clarified the fee estimate provided on April 16th of $37.50 to produce responsive records based upon a total of 3.5 hours charged at $25.00 per hour. The School provided a further breakdown of the fee as follows: The search parameters resulted in 211 emails. Each email requires one minute to review for responsiveness, redaction and upload to the system if needed. 211/60 = 3.5 hours free work = 2 hours work to be charged = 3.5 – 2 = 1.5 hours $25 x 1.5 hours = $37.50 Based on the School’s response, it is unclear if any statutes are involved that the School will employ to segregate and make redactions pursuant to Exemption (a) of the Public Records Law. As stated above, a fee shall not be assessed for time spent segregating or redacting records

Artemis Tingos SPR24/1316 Page 3 May 14, 2024 unless such segregation or redaction is required by law or approved by the Supervisor 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). For the reason discussed above, I find the School 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). Conclusion Accordingly, the School is ordered to provide the requestor with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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: Commonwealth Transparency