Brian Capistran v. Northeast Metropolitan Regional Vocational Technical (SPR 20253344)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 26, 2025 SPR25/3344 Tyese L. Kasperek Executive Assistant to the Superintendent Northeast Metropolitan Regional Vocation School District 100 Hemlock Road Wakefield, MA 01880 Dear Ms. Kasperek: I have received the petition of Brian Capistran appealing the response of the Northeast Metropolitan Regional Vocation School District (District) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On November 3, 2025, Mr. Capistran sought the following “related to the Northeast Metropolitan Regional Vocational High School hockey program and its coaching staff” from the period of November 1, 2020 through the present: [1] Electronic communications (emails, text messages, or other digital messages) sent or received on school-issued or personal cell phones, computers, or other devices when used for school-related business[;] [2] Emails, letters, meeting notes, memoranda, or any other correspondence, whether electronic or physical, sent to or from any of the following individuals: [a] All current School Committee Members of Northeast Metropolitan Regional Vocational High School, including but not limited to [nine identified individuals] [and] [a]ny and all members of the Steering Committee involved in the 2025 Head Hockey Coach selection or hiring process[;] [3] Any and all communications, discussions, evaluations, notes, or correspondence, internal or external, pertaining to, referencing, or discussing [an identified individual], including but not limited to his status, evaluation, replacement, or removal as Head Coach[.] The District responded on November 12, 2025, providing a fee estimate. Unsatisfied with the response, Mr. Capistran petitioned this office and this appeal, SPR25/3344, 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

Tyese Kasperek SPR25/3344 Page 2 November 26, 2025 Fee 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 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 of 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 the 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). The District’s November 12th Fee Estimate In a November 12, 2025 fee estimate, the District provided a fee estimate of $15,650.00 and stated the following: The District does not have any comprehensive document, database or other record that contains the public records sought, specifically those stored or retained on computers and electronic devices, including those of eight named individual, an additional ten member of the current School Committee and an additional three members of the Steering Committee. In order to provide the requested records, someone will need to manually go through the designated requested records and communications between November 1, 2020 and November 3, 2025 and determine whether they are related to the Northeast metro Tech hockey program and/or coaching staff, including [an identified individual]. The five-year time period of the request may also necessitate inquiries to service providers. In addition, someone will need to review the communications and redact information exempted from disclosure by statute. On average, below are good faith conservative estimates per individual/per year of requested records:

Tyese Kasperek SPR25/3344 Page 3 November 26, 2025 Compilation: 2 hours (10 minutes per month) Segregation: 2 hours (10 minutes per month) Redaction: 2 hours (10 minutes per month) Subtotal: 6 hours per year/individual to compile, segregate, and redact (an estimate of 30 minutes per month/per individual) Total: 6 hours x 5 years x 21 individuals = 630 hours 4 hours without fee per Massachusetts regulations = 626 hours subject to fee Grand total at $25/hour per Massachusetts regulations = $15,650.00 … You may send the fee of $15,650.00 to my attention, made payable to the Northeast Vocation Technical. In addition, please be aware that any records produced will be redacted in accordance with the following exemptions under G. L. c. 4, § 7(26)[:] [1] The Statutory Exemption. Exemption A…Such segregation and/or redaction is required by law in this instance, namely student privacy laws, including the federal Family Educational Rights and Privacy Act (FERPA) and the Massachusetts Student Records Regulations found at 603 C.M.R. 23.00[;] [2] The Privacy Exemption. Exemption C… [3] The Investigatory Exemption. Exemption F… [4] Attorney-Client Privilege… Other exemptions may apply upon review of the requested records. Current Appeal In his appeal petition, Mr. Capistran argues the following: [1] Unreasonable and Unsupported Fee Estimate The District estimate 630 hours at $25 per hour, totaling $15, 650. This figure appears excessive and not reasonably supported…The response does not demonstrate: [t]hat the District intends to use the lowest paid employee capable of performing the task…; [a] reasonable justification for the claimed 30 minutes of review time per individual per month for 21 individuals over a 5-year span; or [c]onsideration of electronic keyword search capabilities that could substantially reduce manual review time and costs [2] Failure to Demonstrate Segregation and Search Efficiency

Tyese Kasperek SPR25/3344 Page 4 November 26, 2025 The District did not indicate whether it maintains centralized email servers or other electronic systems that would permit a targeted keyword search for relevant terms… [3] Inconsistent with the Public Policy of Broad Access The purpose of the Massachusetts Public Records Law is to provide broad and liberal access to public records. A $15, 650 fee effectively denies public access and undermines the legislative intent of G. L. c. 66, §10. Reasonableness of the fee estimate Although the District indicates in its fee estimate it would take 630 hours to produce the responsive records, it is unclear why the District requires this much time. The District must clarify how many responsive records it possesses, as well has how many minutes per record the District requires to segregate or redact the records. The District’s fee estimate also lacks confirmation that the rate of $25 per hour is that of the lowest paid employee who is capable of performing the tasks. Accordingly, the District must provide further details regarding its fee estimate. See G. L. c. 66, § 10(d)(iv) (requiring the amount of the fee be reasonable). In the District’s response, it appears it is assessing a fee for redactions under FERPA as it operates through Exemption (a) of the Public Records Law, Exemption (c) and Exemption (f) of the Public Records Law, and under the attorney-client privilege. However, the District also stated, “[o]ther exemptions may apply upon review of the requested records.” Based on the forgoing, it is not clear if the District intends to assess a fee for segregation or redaction under other exemptions to the Public Records Law. Pursuant to the Public Records Law, a fee may 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). Consequently, the District must clarify whether its fee estimate includes time for segregation or redaction not required by law. For the reasons discussed above, I find the District must revise its fee estimate or provide further explanation of how the fee estimate of $15,650.00 is consistent with G. L. c. 66, § 10(d). This office encourages Mr. Capistran and the District to communicate to facilitate providing records more efficiently and affordably. Mr. Capistran may wish to narrow his request. The District must use its superior knowledge of the records to suggest any potential reasonable modifications to the request. See G. L. c. 66, § 10(b)(vii) (a 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 municipality 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.

Tyese Kasperek SPR25/3344 Page 5 November 26, 2025 Conclusion Accordingly, the District is ordered to provide Mr. Capistran 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. Mr. Capistran may appeal the substantive nature of the District’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Brian Capistran