David Dandridge v. Woods Hole, Martha's Vineyard and Nantucket Steamship Authority (SPR 20242540)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 20, 2024 SPR24/2540 Terence G. Kenneally, Esq. General Counsel Records Access Officer Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority 228 Palmer Avenue Falmouth, MA 02540 Dear Attorney Kenneally: I have received the petition of David Dandridge appealing the response of the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority (Authority) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 2, 2024, Mr. Dandridge requested the following records: [1.] [A]ll records of correspondence between Steamship Authority staff and the United States Coast Guard’s Marine Safety Center (“USCG MSC”) regarding the conversion of the BARNSTABLE; [2.] [T]he same between SSA and the offices or personnel of the USCG OCMI (“Officer in Charge - Marine Inspection”) monitoring the shipyard work[;] [3.] [A]ll correspondence between SSA staff and Kirilloff & Associates in the period of June 2021 to September 2022. In an email to the Authority dated September 4, 2024, Mr. Dandridge narrowed the timeframe specified in Item 3 of his request “to the period of 7/1/2021 to 4/30/2022[.]” The Authority responded on September 5, 2024, providing a fee estimate. Unsatisfied with the Authority’s response, Mr. Dandridge petitioned this office and this appeal, SPR24/2540, was opened as a result. Fee Estimates - Agencies An agency 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 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

Terence G. Kenneally, Esq. SPR24/2540 Page 2 September 20, 2024 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). Agencies may not assess a fee for the first four (4) hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested. G. L. c. 66, § 10(d)(ii). Where appropriate, agencies 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. 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)(ii); 950 C.M.R. 32.06(4). The Authority’s September 5th Response In its September 5, 2024 response, the Authority provided a fee estimate of $825.00 and stated the following: . . . please note that we estimate that the number of files and related attachments compiled to date equate to some 2,010 pages. If we allocate one (1) minute to the review of each page, we estimate that the total time for reviewing the compiled documentation equates to approximately thirty‐three (33) hours . . . of employee time. To date, we have incurred at least four (4) hours of time to compile the requested records before reviewing them for applicable exemptions and or privileges and therefore, our subsequent review will require the full estimated thirty‐three (33) hours of employee time. Consistent with the previously provided “Public Records Access Guidelines,” we are charging $25.00 per hour for each hour of employee review time on this project. Accordingly, the estimated cost to conduct the review is approximately $825.00 (33X$25), but the actual costs may vary depending on the employee’s actual review time. Current Appeal In his appeal, Mr. Dandridge states, “[o]n 08/02/2024, via email to a designated Records Access Officer, I requested records from the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority.” He further advises, “[t]he request has not been addressed or the records supplied in the timely manner required under the Public Records Law[.]” Mr. Dandridge does not raise any issues concerning the Authority’s response nor the fee estimate of $825.00.

Terence G. Kenneally, Esq. SPR24/2540 Page 3 September 20, 2024 Where Mr. Dandridge narrowed his request on September 4, 2024, and the Authority responded by providing a fee estimate for the provision of records responsive to his narrowed request on September 5, 2024, I find that the basis of Mr. Dandridge’s appeal is unclear. Mr. Dandridge 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(1)(f). Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Accordingly, I am unable to issue a determination at this time. Should Mr. Dandridge wish to resubmit an appeal to this office specifically describing his objections to the Authority’s response to his narrowed September 4th request, he may do so within ninety calendar days of the date of the written response from the Authority. See 950 C.M.R. 32.08(1)(c); 950 C.M.R. 32.08(1)(e). Sincerely, Manza Arthur Supervisor of Records cc: David Dandridge