I have received your petition appealing the fee estimate
provided by the City of Cambridge Public Library (City) to your
March 4, 2008 public records request.
See GL c55 s10(b) (2006 ed.) (Supervisor of Public Records has
authority to resolve public records appeals);
see also 950 CMR 32.08(2) (appeal process).
http://www.sec.state.ma.us/pre/prepdf/pubreclaw.pdf

Specifically, you requested a copy of the internal phone list
located in the City's Library.


      By email dated April 4, 2008,
Attorney Nancy E. Glowa, Deputy City Solicitor,
provided you with a written estimate of $24.63 for the cost of
providing you with the responsive records.
See GL c66 s10(a) (2006 ed.) (any person having custody of public
records shall furnish a copy thereof upon payment of a reasonable
fee);
see also, 950 C.M.R. 32.06(2) (custodian shall provide written, good
faith estimate where it expects costs to comply will exceed ten
dollars ($10.00)).

However you requested that this Office review
the reasonableness of the estimate.


      Under the law, the City may recover a reasonable fee to defray
the costs of complying with a public records request.
GL c66 s10(a);
see also 950 CMR 32.06.

The Public Records Access Regulations (Regulations) promulgated by the
Supervisor of Records permit a records custodian to charge a pro-rated
fee for the search and segregation of records.

"Search time" is defined as the time required to locate a requested
record, remove it from the files, copy it and return it to the files.
950 CMR 32.03

"Segregation time" is recognized as the time necessary to review the
responsive records and to redact exempt information from the requested
public record.
950 CMR 32.03


      The records custodian may assess search and segregation time
based on the hourly rate of the lowest paid employee capable of
performing the task.
950 CMR 32.06(1)(c)

While the custodian is permitted to charge for search and segregation
fees, the fee charged should not serve as a deterrent for the
requestor to access public records.
See Globe Newspaper Co. v. Boston Retirement Bd.
388 Mass. 427, 436 (1983).
http://masscases.com/cases/sjc/388/388mass427.html


      In a July 2, 2008 telephone conversation, Attorney Glowa
discussed with Rebecca Murray, an attorney on my staff, that the City
would provide a revised fee estimate.

While the City is legally authorized to charge for the search and
copying fees, the City would be waiving those costs.


      Additionally, the City will be lowering the
fee associated with the segregation of the records.

Attorney Glowa explained that the Director of the City's Library,
Ms. Susan Flannery, created the record and is the lowest paid
individual with the necessary knowledge of all the Library personnel
required to review the records to make the permissible redactions.

Therefore, the segregation costs will be assessed at
15 minutes at the rate of $57.00 an hour.


      Consequently, the City has revised the fee estimate,
which will now be $14.25.

This Office finds the revised estimate to be reasonable and in
compliance with the Public Records Law and Regulations.

Therefore, upon payment of $14.25, the City will provide you with
the responsive record, redacted in compliance with
the March 24, 2008 order issued by this Office.

Very truly yours,
Alan N. Cote
Supervisor of Records
http://www.google.com/search?q=%22alan+n.+cote%22

cc:
Ms. Nancy E. Glowa, Esq.
Ms. Susan Flannery


The Commonwealth of Massachusetts
William Francis Galvin, Secretary of the Commonwealth
Public Records Division
http://en.wikipedia.org/wiki/William_F._Galvin

Alan N. Cote
Supervisor of Records
http://www.google.com/search?q=%22alan+n.+cote%22

One Ashburton Place 17th Floor
Boston, Massachusetts 02108

617 727-2832
fax 617 727-5914
http://www.sec.state.ma.us/arc/arcrmu/rmuidx.htm

ENSE PETIT PLACIDAM SVB LIBERTATE QVIETEM
http://www.netstate.com/states/mottoes/ma_motto.htm
http://en.wikipedia.org/wiki/Image:Seal_of_the_State_of_Massachusetts.svg
http://en.wikipedia.org/wiki/Seal_of_Massachusetts

July 11, 2008
SPR08/061

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