Andrew McIsaac v. Weymouth, Town of - Police Department (SPR 20170267)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 9, 2017 SPR17/267 Captain Joseph Comperchio Weymouth Police Department 140 Winter Street Weymouth, MA 0218 8 Dear Capt. Comperchio: I have received the petition of Andrew Mcisaac appealing the response of the Weymouth Police Department (Department) to a request for public records. G. L. c. 66 § IOA; see also 950 C.M.R. 32.08(1). Specifically, in a February 23, 2017 email Mr. Mcisaac requested a copy of the "policies & procedures of the Weymouth Police." In a February 28, 2017 response, you provided Mr. Mclsaac with a fee estimate for provision of the requested records. Fee estimates A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10(d ). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, § 10(d )(i). Municipalities may not assess a fee for the first (two) 2 hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested unless the municipality has 20,000 people or less. G. L. c. 66, § lO(d)(iii). Where appropriate, municipalities may include as part of the fee an hourly rate equal to or less than the hourly rate attributed to the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce a record requested, but the fee shall not be more than $25 per hour. Id. However, municipalities may charge more than $25 per hour if such rate is approved by the Supervisor of Records under a petition under G. L. c. 66, § IO(d)(iv). A fee shall not be assessed for time spent segregating or redacting records unless such segregation or redaction is required by law or approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d )(iv). See G. L. c. 66, § 10(d )(iii); 950 CMR 32.06(4 ). Further, One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Capt. Joseph Comperchio SPRl 7/267 Page2 March 9, 2017 it should be noted that a custodian is not permitted to "assess a copying fee for electronic copies or copies of public records transmitted via facsimile." 950 CMR 32.07(±). Conclusion Subsequent to the intervention by a member of the Public Records Division staff, this office was notified that redacted copies of the requested records were emailed to Mr. Mclsaac on March 8, 2017, free of charge. Therefore, I will now consider this administrative appeal closed. Mr. Mclsaac may appeal the substantive nature of the Department's response within ninety (90) days. See 950 CMR 32.08(1). Sincerely, /IJJ,1tuA rviuwlA{j Rebecca S. Murray Supervisor of Records cc: Andrew Mclsaac