Sara Hincapie v. Bristol Community College (SPR 20250214)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 3, 2025 SPR25/0214 Joyce Brennan Vice President of Marketing & Communication Bristol Community College 777 Elsbree Street Fall River, MA 02720 Dear Ms. Brennan: I have received the petition of Sara Hincapie appealing the response of the Bristol Community College (College) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 15, 2024, Ms. Hincapie requested: [1.] [C]opies of the policies and procedures of the Student Wellness Center in place from 2016 to 2023, as well as the current policies in 2024[;] [2.] [F]inancial and budget records related to the funding of counseling services at the Student Wellness Center from 2016 to 2023, including any grants or government funding that supported these services[;] [3.] [J]ob descriptions or policy documents outlining licensure requirements for Senior Mental Health Counselors and other counseling staff working in the Student Wellness Center from 2000 to 2023[;] [4.] [R]ecords or reports that indicate whether insurance claims were submitted for students using counseling services at the Student Wellness Center from 2016 to 2023[;] [5.] Salaries and Benefits of Public Employees (2019–2023) - records of the salary and benefits received by [an identified individual] during the start of her employment at Bristol up until she left in 2023. - request records of the salary and benefits received by [an identified individual] during the start of his employment at Bristol up until he left in 2023. -records of the salary and benefits received by [an identified individual] during the start of her employment at Bristol up until the present in 2024[;] 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

Joyce Brennan SPR25/0214 Page 2 February 3, 2025 [6.] [O]rganizational charts or documents that outline the supervisory structure of the Student Wellness Center from 2016 to 2023, specifically indicating who supervised counselors such as [an identified individual] and other unlicensed staff such as [two identified individuals] among others. Previous Petition and Appeal This request was the subject of a prior time petition and appeal. See SPR24/2888 Determination of the Supervisor of Records (October 24, 2024) and SPR24/3441 Determination of the Supervisor of Records (January 8, 2025). In my October 24th determination, I granted the College an extension of 20 business days in responding to the request. In my January 8th determination, I found that the College must provide additional information regarding its fee estimate. The College responded on January 23, 2025. Unsatisfied with the College’s response, Ms. Hincapie appealed, and this case, SPR25/0214, was opened as a result. 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). 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 - 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 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).

Joyce Brennan SPR25/0214 Page 3 February 3, 2025 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). Current Appeal In her appeal, Ms. Hincapie states, “[p]lease let me know if Bristol’s raising of the estimate, rather than lowering it and adding attorney fees, is allowed. Again, they have already provided a lot of this information to the MA Ethics Commission, the estimate is absurd. No student should have to jump through these hurdles, for nearly two years, to get answers and information for why the college had an unlicensed mental health ‘clinician’ treating students.” The College’s January 23rd Fee Estimate In its January 23, 2025 response, the College provides a total fee estimate of $975. In the fee estimate, the College states: During this process, I reached out to relevant individuals and tracked the hours spent, including my own, to ensure the accuracy and completeness of the data and information being provide[d]. This effort was necessary to ensure compliance with legal requirements, and as such, the amount of resources dedicated to fulfilling this request has resulted in an increase to the prior fee estimate dated Oct. 25, 2024. This revised fee estimate incorporates all work that has been done from Oct. 15, 2024 through Jan. 23, 2025[.] Hourly rate of the lowest paid employee who has the necessary skill required to complete the record request. The Hourly rate shall not exceed twenty-five dollars ($25) per hour and there is no charge for the first 4 hours of work. Item Request Number Rate Time $25 Policies and Procedures of Jan. 13, 2025: Ms Hincapie agreed to $0 0 the Student Wellness Center same dates as the State Ethics (2016–2023 and Current) I Commission request which were 2019- request copies of the policies 2023. These dates match the Student and procedures of the Wellness Policies and Procedures that Student Wellness Center in were provided to her on October 25, 2024. place from 2016 to 2023, as No further action is needed. well as the current policies in

Joyce Brennan SPR25/0214 Page 4 February 3, 2025 2024. Time spent: 2 Hours (Will not charge) Projected Time: 0 Financial Information Jan. 13, 2025: The college suggested $225 9 Regarding Counseling narrowing the parameters to 2019 to 2021. Services (2016–2023) I request financial and budget Ms. Hincapie responded on Jan. 14 2025, records related to the funding stating she would like 2019- 2023. This of counseling services at the information was not provided to the State Student Wellness Center Ethics Commission. from 2016 to 2023, including any grants or government The requested items are located amongst funding that supported these different departments and within services. documents that need to be searched, reviewed, redacted (if applicable), and compiled. Time spent: 4 Hours Projected Time Remaining: 5 Hours Licensure Requirements for Jan. 13, 2025: The college suggested $275 11 Counseling Staff (2000– narrowing the parameters to 2019 to 2021. 2023) I request job descriptions or policy Ms. Hincapie replied on Jan. 14 2025, documents outlining stating she would like 2019- 2023. This licensure requirements for information was not provided to the State Senior Mental Health Ethics Commission. Counselors and other counseling staff working in The college will need to determine who the Student Wellness Center was in the roles for the years specified. from 2000 to 2023. We will need to search old records and job descriptions for each of the requested years. We also need to ensure job descriptions and licensure requirements have not changed over the five year period. Additionally, the requested items are located within different departments and within documents that need to be searched, reviewed, redacted (if applicable), and compiled. Time spent: 7 Hours Projected Time: 4 Hours

Joyce Brennan SPR25/0214 Page 5 February 3, 2025 Insurance Claims for Advised on Oct. 25, 2024 that this $0 0 Counseling Services (2016– information does not exist. 2023) I request records or reports that indicate whether Time spent: 0 insurance claims were Projected Time: 0 submitted for students using counseling services at the Student Wellness Center from 2016 to 2023. Salaries and Benefits of Advised on Oct 25, 2024 that this $0 0 Public Employees (2019– information is available on the public 2023) website. -I request records of the salary and benefits received Open Checkbook by Bridget Arrow during the https://cthrupayroll.mass.gov/#!/year/2024 start of her employment at / Bristol up until she left in 2023. Time spent: 0 -I request records of the Projected Time: 0 salary and benefits received by Michael Bensink during the start of his employment at Bristol up until he left in 2023. -I request records of the salary and benefits received by Jill Apicerno during the start of her employment at Bristol up until the present in 2024. Supervisory Structure of the Jan. 13, 2025: The college suggests $275 11 Student Wellness Center narrowing the parameters to 2019 to 2021. (2016–2023) I request organizational charts or Ms. Hincapie responds on Jan. 14, 2025, documents that outline the stating she would like 2019-2023. This supervisory structure of the information was not provided to the State Student Wellness Center Ethics Commission. from 2016 to 2023, specifically indicating who The requested items are located amongst supervised… different departments and within documents that need to be searched, reviewed, redacted (if applicable), and

Joyce Brennan SPR25/0214 Page 6 February 3, 2025 compiled. Partial information can be found at the following websites but will not cover all of the years requested: Organizational structure chart https://bristolcc.edu/about/organizationalc hart.html NECHE Report pages (Last two reports) https://bristolcc.edu/about/accreditation/2 024neche/ Time spent: 6 Projected Time: 5 Time: Joyce Brennan, VP of Coordinating, meeting, and handling the $300 12 Marketing/Records Access public records request requires significant Officer time to ensure compliance with legal requirements, a clear understanding of the needed information, and accurate coordination. It takes time to organize and present the information in a manner that is clear for all parties involved. • 91 Emails from Oct. 15, 2024 to Jan. 23, 2025 allocating approximately 1 minute to read totals (1.5 hours) • Drafting response to initial request, appeal, and detailed fee estimate (5.5 hours) • Confer with legal counsel regarding public records request, fee estimate, extension of time, and appeal (5 hours) The initial four hours that are not charged $100 under the Massachusetts Public Records Credit Law Total Fee Estimate $975 39 Reasonableness of the fee estimate Although the College indicates in its fee estimate it will take 39 hours total to provide the responsive records, it is unclear from the College’s estimate how much time is allocated to search, and how much time is allocated for segregation and/or redaction of the records. It is also

Joyce Brennan SPR25/0214 Page 7 February 3, 2025 unclear how many records there are, or the number or minutes that the College must spend per page for redactions. The College must provide additional information regarding the tasks involved in producing these records. Accordingly, the College must provide further details regarding its fee estimate. See G. L. c. 66, § 10(d)(iv) (requiring the amount of the fee be reasonable). I encourage Ms. Hincapie and the College to communicate further in order to facilitate producing records efficiently and affordably. Ms. Hincapie may wish to narrow the parameters or include applicable factors to enable the search to be processed. G. L. c. 66, § l0(a)(i). The College 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). Conclusion Accordingly, the College is ordered to provide Ms. Hincapie with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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: Sara Hincapie