Boston correspondence with the MMA
| Submitted | Feb. 13, 2016 |
| Est. Completion | None |
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Communications
From: Andrew Quemere
To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
All written and electronic communications sent or received between March 1, 2015 to the present with representatives of the Massachusetts Municipal Association (MMA) or any of the following MMA subgroups:
• Association of Town Finance Committees (ATFC)
• Massachusetts Mayors’ Association (MMaA)
• Massachusetts Municipal Councillors' Association (MMCA)
• Massachusetts Municipal Management Association (MMMA)
• Massachusetts Selectmen’s Association (MSA)
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Andrew Quemere
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 13, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: George Bahnan
Dear Mr. Quemere:
I am writing to inform you that the Law Department has received your
public records request dated February 13, 2016 for all written and
electronic communications sent or received between March 1, 2015 to the
present with representatives of the Massachusetts Municipal Association
(MMA) or any of the following MMA subgroups:
- Association of Town Finance Committees (ATFC)
- Massachusetts Mayors’ Association (MMaA)
- Massachusetts Municipal Councillors' Association (MMCA)
- Massachusetts Municipal Management Association (MMMA)
- Massachusetts Selectmen’s Association (MSA)
In order for us to conduct an email search, we will need you to supply
specific email address or the email domains of the groups you would like us
to search.
After our search is complete, we will review any and all responsive
documents and will need to determine whether any of the responsive
documents will be exempt under the applicable provisions of the
Massachusetts Public Records Law. Depending upon the volume of records, we
will make a determination as to applicable fees.
If you wish to modify your request please notify me promptly in writing.
Thank you for your attention to this matter.
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
From: Andrew Quemere
Mr. Bahnan,
The Massachusetts Municipal Association uses the domain mma.org. However, I do not know if this is their only domain. I also do not know the domains used by the subgroups. Nevertheless, I expect the city to conduct a search for all responsive records, as is its obligation under the public records law.
From: George Bahnan
Dear Mr. Quemere:
As I am not aware of the email domains of the subgroups either, I will use
the following key terms to implement in my search: Massachusetts Municipal
Association, Association of Town Finance Committees, Massachusetts Mayors’
Association, Massachusetts Municipal Councillors' Association, Massachusetts
Municipal Management Association, Massachusetts Selectmen’s Association, MMA,
ATFC, MMCA, MMMA, MSA, and mma.org. If you would like to add or remove to
this list, please let me know. Thank you.
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
From: George Bahnan
Dear Mr. Quemere:
Using the key terms stated in my last email, the search yielded 46,426
results. Please let me know if you would like to revise your request or
supply me with specific emails/domains. Thank you.
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
From: Andrew Quemere
Mr. Bahnan,
Please drop all acronyms other than MMA and mma.org and recalculate the number of communications.
From: Andrew Quemere
Mr. Bahnan,
When can I expect a response?
From: George Bahnan
Mr. Quemere,
After revising the search terms, the results have been reduced to 20,026
emails. Would you like to further narrow your request?
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
From: Andrew Quemere
Mr. Bahnan,
As you know, a response to a public records request must include a good faith fee estimate. The fee estimate must be based on anticipated search and segregation time and copying costs. Search and segregation time must be valued at the wage of the lowest paid employee unless extraordinary circumstances warrant using higher paid employees (these higher paid employees must still be the lowest paid employees capable of performing the work). Segregation time may not be assessed unless you specify exemptions to the public records law and explain with specificity how those exemptions apply to the records in question.
Please provide complete responses to both requests I have made, and I will decide from there whether to pursue one or further narrow my request.
Sincerely,
Andrew Quemere
From: Andrew Quemere
Mr. Bahnan,
Seeing as both requests are well over 10 days old, I expect your fee estimates by the end of the day. Your attention to this matter is much appreciated.
Sincerely,
Andrew Quemere
From: George Bahnan
Dear Mr. Quemere:
There are 20,026 emails generated as a result of your search.
The hourly wage of the lowest paid employee capable of searching for the
requested records is $53.92. 1 hour was spent searching for your requested
records. This will cost $53.92. The hourly wage of the lowest paid
employee capable of segregation and redaction is $31.38. Assuming it will
take about 60 seconds on average to review each email, it will take about
333.76 hours to review all of the requested records. This will cost
$10,473.38. As we will be delivering the requested records electronically,
the Law Department will not be charging any fees for copying. Using the
formula laid out in the Public Records Law, the total cost estimate comes
to $10,527.30.
Under the Massachusetts Public Records Law, it is your right to seek
redress through the administrative process provided by the Office of the
Supervisor of Public Records, Office of the Secretary of State.
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
From: Andrew Quemere
Mr. Bahnan,
I do not need the city to review the records; I intend to review them myself. As such, there is no need for me to pay the review fee.
I will gladly pay the $53.92 in search time for all 46,426 emails. However, because this request involved such a negligible amount of labor, I would appreciate it if you waived the fee. I think this would be a nice gesture since you waited so long to provide a fee estimate and since you have already searched for the records anyway.
Please let me know how you intend to proceed by end of the day.
Yours truly,
Andrew Quemere
From: Andrew Quemere
Mr. Bahnan,
This is just a reminder that I need an answer by the end of the day. Should I send you a check for $53.92, or do you intend to waive the fee?
Yours truly,
Andrew Quemere
From: Andrew Quemere
Mr. Bahnan,
This is just a reminder that I need an answer by the end of the day. Should I send you a check for $53.92, or do you intend to waive the fee?
Yours truly,
Andrew Quemere
From: George Bahnan
Dear Mr. Quemere,
The City has supplied you with a cost estimate of $10,527.30 for your
requested emails.
Under the Massachusetts Public Records Law, it is your right to
seek redress through the administrative process provided by the Office of
the Supervisor of Public Records, Office of the Secretary of State.
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
From: Andrew Quemere
Mr. Bahnan,
Your response is very puzzling. As you are well aware, the public records law does not authorize fees to "review" records. If the city intends to review the responsive records, that is the city's prerogative; however, I do not intend to pay for it. If there are no further objections, I will gladly cut the city a check for $53.92, as previously stated.
Yours truly,
Andrew Quemere
From: George Bahnan
Dear Mr. Quemere:
I apologize, allow me clarify. A public records custodian may charge a
pro-rated fee for search and segregation of records based on the hourly
rate of the lowest paid employee capable of performing the task. 950 CMR
32.06(1)(c). Segregation time means the time used to delete or expurgate
data which is exempt under M.G.L. c. 4, § 7. 950 CMR 32.03. For this
particular request, the City is charging $53.92 for search time and
$10,473.38 for segregation time, for a total of $10,527.30. The City must
review the requested emails in order to segregate them, or "delete or
expurgate data which is exempt under M.G.L. c. 4, § 7."
In an earlier correspondence you stated "If you intend to charge me for the
segregation of records, I am entitled to know the reason why at the same
time that the fee is assessed." Here, you are stating that the City must
cite the specific exemptions it intends to claim in it's cost estimate,
this is not true. The public records law does not mandate a records
custodian to cite specific exemptions in it's cost estimate. The public
records law, however, does mandate a records custodian to cite specific
exemptions if it intends to withhold public records pursuant to an
exemption. If the City intends to withhold any public records pursuant to
an exemption, it will certainly cite the specific exemption. To say that a
records custodian is not able to charge for the time spent reviewing
records in order to determine what records are exempt is counter-intuitive,
because the records custodian does not know what records are exempt until
review.
If you still disagree with my cost estimate, please seek redress through
the administrative process provided by the Office of the Supervisor of
Public Records, Office of the Secretary of State.
Thank you,
George Bahnan
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
From: Andrew Quemere
Mr. Bahnan,
I must direct you to the full definition of segregation time (950 CMR 32.03; emphasis added): "Segregation time means the time used to delete or expurgate data which is exempt under M.G.L. c. 4, § 7, clause Twenty-sixth from non-exempt material which is contained in a **paper public
record.**" As you will see, segregation time only applies to "paper public record[s]." The records in question are emails, not paper records, so segregation time is not applicable. If there are no further objections, I will gladly cut the city a check for $53.92, as previously stated.
For the record, I believe it is your interpretation of how fees are assessed that is counterintuitive. If agencies could assess segregation fees without citing exemptions, then they could change segregation fees even when there is no information to segregate.
Yours truly,
Andrew Quemere
From: George Bahnan
Mr. Quemere:
The City will not be altering it's cost estimate of $10,527.30 in regards
to your public records request dated February 13, 2016 for all written and
electronic communications sent or received between March 1, 2015 to the
present with representatives of the Massachusetts Municipal Association
(MMA) or any of the following MMA subgroups:
• Association of Town Finance Committees (ATFC)
• Massachusetts Mayors’ Association (MMaA)
• Massachusetts Municipal Councillors' Association (MMCA)
• Massachusetts Municipal Management Association (MMMA)
• Massachusetts Selectmen’s Association (MSA)
Under the Massachusetts Public Records Law, it is your right to seek
redress through the administrative process provided by the Office of the
Supervisor of Public Records, Office of the Secretary of State.
Thank you,
George Bahnan
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
From: Andrew Quemere
Mr. Bahnan,
Your responses continue to puzzle. You previously stated that the responsive records are emails. Are you suggesting that these emails are paper records? If so, please provide a list of exemption that you intend to segregate information under and explain with specificity how the exemptions apply to the records. If the emails are not paper records, I expect you will withdraw the segregation fee.
If the emails are electronic records and there are no exemptions, I will gladly cut the city a check for $53.92, as previously stated. Please provide your response by the end of the day.
Yours truly,
Andrew Quemere
From: George Bahnan
Mr. Quemere:
I've given you multiple responses with what the cost estimate is in regards
to your public records request. Our interpretations of the Public Records
Law clearly differ. As I've said before, under the Massachusetts
Public Records Law,
it is your right to seek redress through the administrative process
provided by the Office of the Supervisor of Public Records,
Office of the Secretary of State. I will not be answering any more
questions in regards to this request.
Thank you,
George Bahnan
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
From: Andrew Quemere
Mr. Bahnan,
I am not "interpreting" the law, I am simply relying on the plain, unambiguous language of the state regulations governing access to public records. As I have already shown, "segregation time" only applies to "paper public record[s]" (950 CMR 32.03). Furthermore, if you intend to segregate information, you must specify the reason at the time the fee is assessed (950 CMR 32.09; emphasis added): "Where a custodian's response to a record request made pursuant to 950 CMR 32.05(3) is that any record or **portion** of it is not public, the custodian, within ten days of the request for access, shall **in writing set forth the reasons for such denial**."
It is very disappointing that you have stated you will not honor the state regulations. Since you have stated that you will not communicate with me any further, I will simply send the city a check for $53.92. I expect that the city will process my request in accordance with the law and applicable regulations after receiving it.
Yours truly,
Andrew Quemere
From: Andrew Quemere
Mr. Bahnan,
Apologies, but the second citation in my previous email should have read 950 CMR 32.08, not 950 CMR 32.09. As I previously stated, I will be sending the city a check for $53.92. If I do not hear anything further from you, I expect to send it within the next few days.
Yours truly,
Andrew Quemere
From: MuckRock.com
To Whom It May Concern:
Please find enclosed a check for $53.92 to satisfy the fee associated with the attached public records request.
Thank you.
From: George Bahnan
Dear Mr. Quemere,
I am in receipt of Check # 1002 sent from Muckrock in response to your
public records request regarding Boston's correspondence with the MMA. As
the amount written on the check ($53.92) only pays for the search portion,I
have sent back the check to Muckrock. If you disagree with the City's cost
estimate, you should seek redress through the administrative process
provided by the Office of the Supervisor of Public Records,
Office of the Secretary of State. Thank you.
George Bahnan
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
From: Andrew Quemere
Mr. Bahnan,
I think if you had double checked, you would have seen that the amount was correct. As you stated to me previously, the search time was assessed at $53.92. Since you have further inconvenienced me by returning my check for the correct amount, I now ask that you waive the fee and begin processing my request.
Yours truly,
Andrew Quemere
From: Mayor's Office
An interim response, stating the request is being processed.
From: George Bahnan
Dear Mr. Quemere:
I understand that the $10,527.30 cost estimate provided to you is a very
high number, understandably so. If you can provide me with a narrower
request, our search results will produce a number of emails that is much
more reasonable. Is there something specific you are looking for?
Best Regards,
George Bahnan
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
From: Andrew Quemere
Mr. Bahnan,
I'm not sure how I can make this any clearer: Your $10,527.30 fee is illegal. You cannot, by law, charge that amount, so you need to drop it. I've already tried to pay the correct amount, but you rejected my check and sent it; that's on you, not me. Now please provide the records free of charge, since you're unwilling to accept payment.
Best of luck,
Andrew Quemere
From: Andrew Quemere
Mr. Bahnan,
Have you begun processing my request yet?
Yours truly,
Andrew Quemere
From: George Bahnan
Mr. Quemere,
I have not started processing your request. I cannot start the process
without payment. As you believe my cost estimate for the 20,026 emails
generated as a result of your search is incorrect, your best option would
be to seek redress through the administrative process provided by the
Office of the Supervisor of Public Records, Office of the Secretary of State.
I will not be answering any more questions in regards to this request.
Thank you.
--
George T. Bahnan
Paralegal
Law Department
City Hall, Room 615
Pho: (617) 635-2902
Fax: (617) 635-2012
George.Bahnan@boston.gov
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