On Jul 16, 2:50 pm, the zak <don.sak...@[EMAIL PROTECTED]
> wrote:
>
http://lists.ufl.edu/cgi-bin/wa?A1=ind0807c&L=recmgmt-lhttp://listserv.syr.edu/scripts/wa.exe?A1=ind0807&L=foi-lhttp://lists.ala.org/sympa/arc/ifforum
>
> 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 CMR 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 *****s 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 *****sed 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 Recordshttp://www.google.com/search?q=%22alan+n.+cote%22
>
> cc:
> Ms. Nancy E. Glowa, Esq.http://www.google.com/search?q=%22nancy+glowa%22
> Ms. Susan Flanneryhttp://cambridgema.gov/cpl/about/director2.html
>
> The Commonwealth of Massachusetts
> William Francis Galvin, Secretary of the Commonwealth
> Public Records Divisionhttp://en.wikipedia.org/wiki/William_F._Galvin
>
> Alan N. Cote
> Supervisor of Recordshttp://www.google.com/search?q=%22alan+n.+cote%22
>
> One Ashburton Place 17th Floor
> Boston, Massachusetts 02108
>
> 617 727-2832
> fax 617 727-5914http://www.sec.state.ma.us/arc/arcrmu/rmuidx.htm
>
> ENSE PETIT PLACIDAM SVB LIBERTATE
QVIETEMhttp://www.netstate.com/states/mottoes/ma_motto.htmhttp://en.wikipedia.org/wiki/Image:Seal_of_the_State_of_Massachusetts...http://en.wikipedia.org/wiki/Seal_of_Massachusetts
>
> July 11, 2008
> SPR08/061
>
>
http://lists.ufl.edu/cgi-bin/wa?A1=ind0807c&L=recmgmt-lhttp://listserv.syr.edu/scripts/wa.exe?A1=ind0807&L=foi-lhttp://lists.ala.org/sympa/arc/ifforum
....for a single 8 1/2 x 11 inch sheet with a dozen listings publicly
posted on the bulletin board by the entrance at the reference desk.
Then removed upon the occasion of asking to read it.
Should our public officials be paid twice for their time with their
salary and with an additional fee?...
Should the value of the time and energies of public records requestors
be factored in when records custodians deny or delay access and make
necessary repeated followups before disclosing the public records?...
Is the spirit of public records principles really put into practice
in that there's not a deterrent?...
Should our public libraries' reference departments litigate in
performing informational reference desk services?... Is that good
customers services for our public libraries users/customers/
clientele ?...
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