Martin, Jr., Richard v. Public Health Commission (SPR 20150546)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 7, 2015 SPRlS/546 Mr. Timothy J. Harrington, Esq. City of Boston Public Health Commission 10 10 Massachusetts A venue Boston, MA 02118 Dear Attorney Harrington: I have received the petition of Richard B. Martin, Jr. appealing the response of the City of Boston Public Health Commission (Commission) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Martin requested copies of the full names, business title and email addresses of all with an email address: @bphc.org. The basis of Mr. Martin's appeal is the Commission's unwillingness to waive any fees associated with his request for records. It is important to note that willingness or ability to pay have no role in determining whether a fee estimate is reasonable. A records custodian may charge a reasonable fee to recover the costs of complying with a public records request. A records custodian is encouraged, but not required, to waive fees where disclosure is in the public interest. 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. Fees A custodian of records may assess a reasonable fee for complying with a request for public records. G. L. c. 66, § 10(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

Ms. Anne Sturman SPR15/546 Page Two October 7, 2015 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 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, § 1O (a). Given that the Supervisor does not have authority to order a waiver of fees, this appeal is closed. Supervisor of Records cc: Mr. Richard B. Martin