Dreslinski, Michael v. Greenfield, City of - City Clerk (SPR 20150521)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 24, 2015 SPRlS/521 Ms. Deborah J. Tuttle, CMC Town Clerk Office of the Town Clerk/Town Council 14 Court Square Greenfield MA 01301 Dear Ms. Tuttle: I have received the petition of Michael Dreslinski appealing the response of Town of Greenfield (Town) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Mr. Dreslinski has submitted two (2) requests to the Town, one to the Police Department and one to the Fire Department, both were submitted on March 30, 2015. In a response dated April16, 2015 the Town provided Mr. Dreslinski with a single fee estimate for the provision of records responsive to both his requests. There upon, Mr. Dreslinski submitted his petition challenging the fee estimate. Request for Fee Waiver In his March 30 requests Mr. Dreslinski requested that the Town waive any fees associated with his request for public records. The Public Records Access Regulations (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, the Town is not required to waive fees, so long as written estimates for fees are provided in a manner consistent with the requirements of the Regulations. Fees for Police Department Records Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Regulations. See 950 C.M.R. 32.06. The following fees shall apply to any public record in the custody of any municipal police department or fire department ... for preparing and mailing crime, incident or miscellaneous reports, one dollar per page. 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. Deborah J. Tuttle, CMC SPR15/521 Page Two August 24, 2015 The Town provided Mr. Dreslinski with a revised fee estimates dated July 22, 2015 for his March 30th requests. I find the July 22nd fee estimates to be in compliance with G. L. c. 66 § 1O (a). Once the Town receives payment the responsive records are to be provided in a timely manner. This appeal is closed. Supervisor of Records cc: Mr. Michael Dreslinski