Sara Hincapie v. Bristol Community College (SPR 20252661)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 16, 2025 SPR25/2661 Joyce Brennan Vice President of Marketing & Communications 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 Bristol Community College (College) to three (3) requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 27, 2025 and August 28, 2025, Ms. Hincapie requested the following: Request I On August 27, 2025, Ms. Hincapie requested: [1] Any records of trainings, certifications, licenses, diplomas, or degrees that [an identified individual] submitted to Bristol Community College in connection with his hiring or during his employment[;] [2] Any updated certifications, licenses, or credentials that [an identified individual] presented to the College during his tenure, including those submitted for purposes of wage increases, promotions, or benefits eligibility[;] [3] Any documentation or correspondence maintained by the College verifying such certifications, licenses, or degrees[;] [4] A copy of [an identified individual’s] resignation letter, if applicable, as well as any formal record of the College’s acceptance of his resignation. It is my understanding that the College assigned tracking number 285 to this request. 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 SPR25/2661 Page 2 September 16, 2025 Request II On August 28, 2025, Ms. Hincapie requested: [1] All records of trainings, certifications, or updated licenses [an identified individual] submitted or represented to Bristol Community College during her tenure[;] [2] Any certifications, licenses, diplomas, or degrees [an identified individual] presented at the time of hiring or thereafter, including those submitted in support of wage increases, promotions, or benefits eligibility[;] [3] Any records reflecting continuing education, professional development, or credential maintenance undertaken or reported by [an identified individual] to Bristol Community College[;] [4] Any resignation letter or separation agreement submitted by or concerning [an identified individual]. It is my understanding that the College assigned tracking number 286 to this request. Request III On August 28, 2025, Ms. Hincapie requested: [T]he following records for the duration of [a two identified individuals’] employment at Bristol Community College: For [individual one]: [1] All records of internal investigations, inquiries, or reviews conducted by Bristol Community College concerning his professional conduct, performance, or behavior, whether conducted by Human Resources, compliance offices, or any other internal unit. [2] Any final reports, findings, summaries, determinations, or disciplinary actions (including letters of reprimand, warnings, or separation-related documents) arising from such investigations. For [individual two]: [1] All records of internal investigations, inquiries, or reviews conducted by Bristol Community College concerning her professional conduct, performance, or behavior, whether conducted by Human Resources, compliance offices, or any other internal unit[;]

Joyce Brennan SPR25/2661 Page 3 September 16, 2025 [2] Any final reports, findings, summaries, determinations, or disciplinary actions (including letters of reprimand, warnings, or separation-related documents) arising from such investigations[;] [3] Any records of trainings, certifications, licenses, diplomas, or degrees that [an identified individual] submitted to Bristol Community College in connection with her hiring or during her employment[;] [4] Any updated certifications, licenses, or credentials that [an identified individual] presented to the College during her tenure, including those submitted for purposes of wage increases, promotions, or benefits eligibility[;] [5] Any documentation or correspondence maintained by the College verifying such certifications, licenses, or degrees[;] [6] A copy of [an identified individual’s] resignation letter, if applicable, as well as any formal record of the College’s acceptance of her resignation[;] It is my understanding that the College assigned tracking number 287 to this request Previous Petition These requests were the subject of a previous petition from the College. See SPR25/2590 Determination of the Supervisor of Records (September 9, 2025). In my September 9th determination, I granted the College an extension of 20 business days to respond to the requests. Additionally, I found the College could assess a fee for the segregation and redaction of exempt material under Exemption (c) in the responsive records. In its petition on September 2, 2025, the College also provided Ms. Hincapie with a fee estimate. Unsatisfied with the College’s fee estimate, Ms. Hincapie petitioned this office and this appeal, SPR25/2661, 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 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

Joyce Brennan SPR25/2661 Page 4 September 16, 2025 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 College’s September 2nd Fee Estimate On September 2, 2025, the College assessed a fee of $381.25 to provide the responsive records. In support of its fee estimate, the College provided the following information: Request (Using Service Hourly Billable Subtotal Estimated Estimated college numbering Type Rate* Hours (After page per Pages in attached First 4 Free hour documents) Hours) PRR 285 – Search & $25.00 2.5 $62.50 75 188 [identified Compile individual] Segregate $25.00 1.5 $37.50 55 83 Redact $25.00 1 $25.00 30 30 Total for $125.00 ~300 PRR 285 pages PRR 286 – Search & $25.00 1.75 $43.75 75 131 [identified Compile individual] Segregate $25.00 1.25 $31.25 55 69 Redact $25.00 0.75 $18.75 30 23 Total for $93.75 ~220 PRR 286 pages PRR 287 – Search & $25.00 3 $75.00 75 225 [identified Compile individuals] Segregate $25.00 2 $50.00 55 110 Redact $25.00 1.5 $37.50 30 45 Total for $162.50 ~380 PRR 287 pages Grand Total $381.25 ~900 pages *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. Segregation and redaction will only be performed as required by law, and any associated charges will be limited to those prescribed under Exemption (a) or attorney-client privilege. No charges will be applied for items not required to be redacted or segregated by law.

Joyce Brennan SPR25/2661 Page 5 September 16, 2025 In addition to charging for segregation and redaction required by law pursuant to Exemption (a) and the attorney-client privilege, the College also seeks to charge for segregation and redaction under Exemption (c) of the Public Records Law. In its petition to assess fees, the College stated the following: While the volume of records responsive to these requests is not extensive, some of the documents may fall under MGL Chapter 4, Section 7(26)(a) and MGL Chapter 4, Section 7(26)(c), as well as protections related to employee privacy. These exemptions require careful review to ensure that any sensitive personnel information is properly identified and redacted before disclosure. In an email to Ms. Hincapie and this Office on September 8, 2025, the College provided the following additional information: Employee files may contain documents that have references to accommodation requests, employee assistance program references or records, and other materials that include sensitive personal information. These records often involve private details regarding an employee’s health, personal circumstances, or support needs and therefore require careful review and redaction to safeguard privacy. The request includes references to trainings that, in some cases, may be specific to the individual employee and fall outside the scope of standard training programs. Additionally, any reports, summaries, or notes within the files could unintentionally disclose private information. If correspondence is present, there could be reference to performance improvement plans or disciplinary actions that would also be subject to privacy protections. Such documents frequently contain sensitive information not only about the employee in question but potentially about other employees as well. In these situations, disclosure could inadvertently reveal private details about individuals who are not the subject of the request, necessitating thorough review and appropriate redaction before release. Current Appeal In her appeal petition, Ms. Hincapie seeks a fee waiver and states, “…the College is again attempting to fold in costs that are not recoverable, including the preparation of its own estimates.” Ms. Hincapie also argues that the College should immediately begin producing the first four hours of the records sought. Fee Waivers G. L. c. 66, § 10(d)(v) provides the following with respect to waiving a fee for the production of responsive records: the records access officer may waive or reduce the amount of any fee charged

Joyce Brennan SPR25/2661 Page 6 September 16, 2025 under this subsection upon a showing that disclosure of a requested record is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requestor, or upon a showing that the requestor lacks the financial ability to pay the full amount of the reasonable fee. Please be advised, although the Supervisor may encourage fees to be waived, the Supervisor may not mandate that a records access officer waive fees assessed for complying with a public records request; rather, as described above, the records access officer may waive or reduce the amount of any fee upon a showing of various factors. See G. L. c. 66, § 10 (d)(v); see also 950 C.M.R. 32.07(2)(k). Reasonableness of the Fee Estimate Where the College has explained the amount of time it requires to locate, segregate, and redact the requested records as required by law, and has confirmed that the lowest paid individual with the skill necessary to perform those tasks is paid $25.00 per hour, I find that the College has met its burden to establish that it would take this amount of time to produce the responsive records. See G. L. c. 66, § 10(d) (a records access officer may assess a reasonable fee for the production of a public record). Please also be advised, segregation and redaction under the attorney-client privilege is interpreted to be “required by law.” Further, where the College has confirmed that it is not assessing a fee for the first four (4) hours of employee time to search for, compile, segregate, redact or reproduce the records requested, and where permission to assess a fee to segregate and redact exempt information under Exemption (c) of the Public Records Law has been approved by the Supervisor of Records in SPR25/2590, I find the College has met its burden to assess a fee under G. L. c. 66, § 10(d)(iv). This office encourages the parties to communicate to facilitate providing records more efficiently and affordably. Ms. Hincapie may wish to narrow her request. See G. L. c. 66, § 10(b)(vii) (an agency 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 to produce the records sought more efficiently and affordably). Any revision to the request would result in the requirement to issue a revised fee estimate. Conclusion Accordingly, I will now consider this administrative appeal closed. If Ms. Hincapie 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 of Massachusetts. See G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies).

Joyce Brennan SPR25/2661 Page 7 September 16, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Sara Hincapie