Quemere, Andrew v. Director, Office of Media Relations (SPR 20140111)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April16, 2014 SPR14/111 Mr. Andrew Quemere Baystate Examiner P.O. Box 5171 Framingham, MA 01701 Dear Mr. Quemere: I have received your petition appealing the response of the Boston Police Department (Department) to your request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, you requested records from the Department, including a training video. Initially the Department's Bureau of Public Information and its Office of the Legal Advisor responded to your requests, often providing a general acknowledgment. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. It appears that you reached out to the Department on multiple occasions requesting an update, without much success. The Department is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Recently Sergeant Michael P. McCarthy, Director of Media Relations contacted you, providing a fee estimate for a copy of a video recording. Sergeant McCarthy also requested you contact him by telephone to better assist your requests for records in an effort to resolve any outstanding requests. You declined this request. I find that, despite the initial lack of response from the Department that Sergeant McCarthy acted in good faith in attempting to resolve your outstanding requests for public records. You objected to the fee estimate provided for the provision of a copy of a video recording. Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Public Records Access Regulations (Regulations). See 950 C.M.R. 32.06 (fees for public records). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Andrew Quemere SPR14/111 Page Two Aprill6, 2014 The Regulations provide that in cases where search or segregation time is necessary a custodian of records may charge a pro-rated fee based on the hourly rate of the lowest paid employee who is capable of performing the task. 950 C.M.R. 32.06(1)(c). The Regulations define "search time" as the time needed to locate, pull from the file, copy and refile public records, and "segregation time" as the time used to redact data that is exempt from non-exempt material. 950 C.M.R. 32.03. The search and segregation fees must reflect the actual cost of complying with a particular request. G. L. c. 66, § 10(a). My understanding is that the Department provided a fee estimate for 1. 5 hours of search and segregation time at a rate of $3 7.15 per hour, and $.24 for a blank disk. I find this estimate to be reasonable and in compliance with the Regulations. In your appeal you claimed the Department required that you pick up this video recording in person; you indicated the difficulty in doing this as you do not reside in the City of Boston. However, a review of the March 21, 2014 fee estimate indicates that "[u]pon receipt of payment in the amount specified, we will forward all materials to you." With respect to your request that the Department waive fees related to your request, please be advised that the Regulations encourage records custodians to waive fees when such a waiver is in the public interest, however, this office may not compel a records custodian to do so. See 950 C.M.R. 32.06. Accordingly, whereas the estimate was made in compliance with the Regulations, and further whereas Sergeant McCarthy has acted in good faith in responding to your requests, I will consider this administrative appeal closed. Supervisor of Records cc: Sergeant Michael P. McCarthy