Septelka, Emmylou v. Norfolk, Town of - Police Department (SPR 20150800)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 18, 2015 SPRlS/800 Ms. Deborah L. Carr Executive Assistant Norfolk Police Department 11 7 Main Street P.O. Box 3 Norfolk, MA 02045 Dear Ms. Carr: I have received the petition ofEmmylou Septelka appealing the response ofNorfolk Police Department (Department) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Septelka requested copies of police records. In email correspondence you stated, "I do believe I gave [Ms. Septelka] all the records [she] requested." Ms. Septelka appealed. In her appeal Ms. Septelka also references fees paid for the records. 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 ($10.00), custodian of records shall provide written good faith estimate). Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Public Records Access Regulations (Regulations). See 950 C.M.R. 32.06 (fees for public records). Under the Regulations, a custodian of records may assess a maximum fee of twenty cents ($.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). 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, § 10(a). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Deborah L. Carr SPR15/800 Page Two December 18, 2015 Ms. Septelka did not include a copy of any fee estimates provided by the Department with her petition; accordingly, I am unable to opine upon whether fees assessed by the Department are reasonable and in compliance with the Regulations. Records provided The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26) (defining "custodian" as the public employee with routine access to or control of public records). In an email dated September 2, 2015 you explained to Ms. Septelka that you were working with Department staff to determine whether all responsive records have been provided. I find this act in compliance with the Regulations as the Department seeks to use its superior knowledge to provide all responsive records. Accordingly, whereas the Department has at this time provided copies of all records it believes responsive, I will consider this appeal closed with the proviso that the Department complete its review and provide a written response to Ms. Septelka, within ten (10) days of this order, confirming that all records have been. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma. us. If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § 1O (a); see also 950 C.M.R. 32.06(2) (whe e cost of complying with a request for public records is expected to exceed ten dollars ($1 0.0 ,i ), custodian of records shall l provide written good faith estimate). Once the fees are paid, yo ,must provide the responsive records. i ly: ours, illiams cc: Ms. Emmylou Septelka