Patterson, Steven v. Braintree, Town of (SPR 20140637)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 6, 2015 SPR14/637 Mr. Peter J. Morin, Esq. Town Solicitor Town ofBraintree One JFK Memorial Drive Braintree, MA 02184 Dear Attorney Morin: I have received the petition of Stephen M. Patterson appealing the response ofthe Town ofBraintree (Town) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, he requested copies records regarding legal actions to which the Town of Braintree is a party. In later correspondence with the Town, Mr. Patterson clarified his request, seeking only to inspect copies of any "complaint or answer" filed "in a court that has not been sealed". In a response dated October 1, 2014 the Town provided Mr. Patterson with a fee estimate for the provision of responsive records. Thereupon, Mr. Patterson filed this appeal questioning the reasonableness of the fee estimate. Mr. Patterson also appealed the denial of his request to inspect copies without purchasing them. A custodian of records may assess a reasonable fee for complying with a request for public records. G. L. c. 66, § 1O (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 printout of a public record. See 950 C.M.R. 32.06(1)(a). 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 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617)727-5914 www.sec.state.ma.us/pre

Mr. Peter J. Morin, Esq. SPR14/637 Page Two January 6, 2015 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. In a November 12, 2014 telephone conversation with an attorney on my staff, you agreed to provide additional information clarifying the Town's position regarding its fee estimate. As of the date of this determination no further details have been submitted to my office. I find the Town has failed to meet its burden under the Public Records Law. Mr. Patterson sought to review only complaints and answers, filed in court, that are not under a court order to be sealed. As these records would be available to any person seeking them from the court, I find the Town has provided no justification for extensive legal review. Further, the Town's response fails utterly to respond to Mr. Patterson's request to review records in Town offices. Accordingly, the Town is hereby ordered to provide Mr. Patterson with a revised response made in a manner that is consistent with this order, the P lie Records Law and its Regulations. This administrative appeal is closed. Supervisor of Records cc: Mr. Stephen M. Patterson