Peter A. Donovan v. Melrose, City of (SPR 20160579)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 11, 2016 SPR16/579 Ms. Mary-Rita O'Shea City of Melrose - City Clerk City Hall 562 Main Street Melrose, MA 021 79 Dear Ms. O'Shea: I have received the petition of Peter A. Donovan appealing the response of the City of Melrose (City) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Donovan requested various records regarding a certain property address in the City. The City provided Mr. Donovan with a written, good faith estimate. Mr. Donovan appealed, stating that he should not have to pay an estimate before processing a public records request, further stating that the City did not provide him with an estimate within ten (1 0) days. Time lines of response Mr. Donovan objected to the City not providing a written, good faith estimate within ten (10) days; he received the estimate eleven (11) days after his July 7, 2016 request. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § lO(b); 950 C.M.R. 32.05. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The City is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Written, good faith estimate By email on July 18, 2016, the City provided Mr. Donovan with a written estimate for the cost of complying with his request. Mr. Donovan has objected to having to pay an estimate prior to receiving records and prior to the City searching for and copying the records. A custodian may assess a reasonable fee for complying with a public records request. See G. L. c. 66, § 1O (a); see also 950 C.M.R. 32.06(2) (where cost of complying with a public records request is expected to exceed ten dollars ($1 0. 00), custodian shall provide a written;.· _good faith estimate. Once fees OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · t617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Mary-Rita O'Shea SPR16/579 Page 2 August 11,2016 are paid, a records custodian should commence searching for and copying responsive records. The purpose of providing an estimate and obtaining the estimate funds prior to commencing any search, segregation and copying, is to allow the requester the prerogative to change their mind about obtaining any of the records, or to narrow their request. I find that the City is in compliance with the Public Records Law by obtaining the estimate funds before commencing any work. Fee for copies In an August 5 conversation, an attorney on my staff explained that the City has erred in assessing the fees for copies of records. You informed this office that the City was not aware that the fees for copies had changed, but would revise the estimate to Mr. Donovan to reflect the change in fees. The Access Regulations state: "The charge for black and white paper copies or printouts of records shall not exceed five ($.05) cents per page for both single and double-sided black and white copies." See 950 C.M.R. 32.06 (1) (b) (fee for copies, amended on February 29, 2016). On August 5, this office also provided the City with a copy of the regulation for copies of public records. Order Whereas the City has indicated it will provide a revised response, I will consider this appeal closed with the proviso that the City revise its cost estimate for copies of records, prepared in a manner consistent with the Public Records Law and its Regulations. A copy of the revised, written good faith estimate 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. Supervisor of Records cc: Mr. Peter A. Donovan