Muise, Timothy v. Department of Correction - Legal Division (SPR 20140175)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords March 24, 2014 SPR14/175 Mr. Timothy J. Muise MCI Shirley P. 0. Box 1218 Shirley, MA 01464-1218 Dear Mr. Muise: I have received your letter appealing the response of the Department of Correction Legal Division (DOC) to your request for records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). The DOC responded with a fee estimate for the provision of records. In your letter you request that the responsive records be supplied to you at no cost due to your inability to pay. Please note that the Public Records Law does not distinguish between requesters, your claim of indigent status has no bearing on whether a records custodian is entitled to assess a fee for provision of public records. Records custodians are encouraged, but not required, to waive fees where disclosure is in the public interest. 950 C.M.R 32.06(5). Records custodians assessing a fee must do so in accordance with any applicable statutory provisions and the Public Records Law and its Access Regulations (Regulations). G. L. c. 66, § lO(a); 950 C.M.R. 32.06. Fees A custodian of records may assess a reasonable fee for complying with a request for public records. G. L. c. 66, § lO(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($1 0.00), custodian of records shall provide written good faith estimate). Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Public Records Access Regulations (Regulations). See 950 C.M.R. 32.06 (fees for public records). Under the Regulations, a custodian of records may assess a maximum fee of twenty cents ($.20) per page for a photocopy of a public record and fifty cents ($.50) per page for a computer print out of a public record. See 950 C.M.R. 32.06(1)(a). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Timothy J. Muise SPR14/175 Page Two March 24, 2014 In addition to the copying fee, 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 ofperfom1ing 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. See 950 C.M.R. 32.03. A custodian may assess the actual cost of postage. 950 C. M. R. 32.06(3). Whereas a records custodian is entitled to assess fees for the provision of public records, and further whereas the estimate provided by the DOC is reasonable, your administrative appeal is closed. Supervisor of Records cc: Department of Correction-Legal Division