Wallack, Todd v. Executive Office of Public Safety and Security - Department of State Police (SPR 20150246)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 14,2015 SPRlS/246 Ms. Jaclyn R. Zawada, Esq. Department of State Police Office of the Chief Legal Counsel 4 70 Worcester Road Framingham, MA 01702 Dear Attorney Zawada: I have received the petition of Todd Wallack of the Boston Globe appealing the response of the Department of State Police (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr Wallack requested a copy of"the Department's log/list of public records requests" for all years readily available. In a response dated March 10, 2015 the Department stated it possessed such a public records request log for the past six years. The Department stated it would be required to review all items in the log to determine whether any portions are exempt from disclosure. The response included a fee estimate in excess of $4 7,000 for the provision of records responsive to his request. A records custodian may charge a reasonable fee to recover the costs of complying with a public records request. G. L. c. 66, § 1O (a); see also 950 CMR 32.06. A records custodian is encouraged, but not required, to waive fees where disclosure is in the public interest. 950 CMR 32.06(5). Please be advised that the Supervisor does not have the authority to order a waiver of fees. Records custodians assessing a fee must do so in accordance with any applicable statutory provisions, the Regulations or an enabling provision. See G. L. c. 66, § 10(a) (fees for police records); see also 950 CMR 32.06. The Public Records Law and its Access Regulations (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). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Jaclyn R. Zawada, Esq. SPRIS/246 Page Two May 14, 2015 The Department's March 10 fee estimate, while very detailed, lacks confirmation that the Department intends to the use the lowest paid employee who is capable of performing the task of search and segregation. Further, the Department provided no explanation to justify hundreds of hours of review of a log detailing requests for public records. Accordingly, the Department is hereby ordered to provide Mr. Wallack with a revised written, good faith estimate for the cost of complying with his request consistent with the Public Records Law, its Regulations and this determination. Upon payment of the fee, you are hereby ordered to provide the records in a timely manner. This administrative appeal is now closed. Supervisor of Records cc: Mr. Todd Wallack