Sharmarke Abdulla v. Worcester, City of - Office of the City Manager (SPR 20170526)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 26, 2017 SPR17/526 John F. Hill City of Worcester Communications Specialist Worcester, MA 01608-1172 Dear Mr. Hill: I have received your petition on behalf of the Worcester Police Department (Department) to charge for time spent segregating or redacting public records in responding to requests made by Sharmarke Abdulla for records related to a specific incident and associated internal affairs investigation. G. L. c. 66, § lO(d)(iv). The City also seeks an extension of time to produce responsive records. G. L. c. 66, § lO(c). Previous petition The City previously submitted a petition to this office regarding this request for records. ih SPRl 7/469 Determination of the Supervisor of Records (April 7, 2017). In my April determination I found the Department met its burden to explain how, given the nature of the responsive records, the request could not prudently be completed without segregation or redaction; however, I declined to approve the Department's petition to assess a fee in excess of $25.00 an hour. I also found the Department had not met its burden to justify why fifteen minutes per page, totaling fifty eight hours, is necessary to produce these records. The Department was instructed that, when preparing a fee estimate for the provision of the requested records, it must reduce the amount of time charged for reviewing these records, or provide more detail explaining why this amount of time is necessary to produce responsive records. The Department was also required to assess an hourly rate in a manner consistent with the Public Records Law, its Regulations, and that determination. In its April 19, 2017 petition, the Department provides additional information regarding its request to charge in excess of $25 an hour as well as its estimate of fifteen minutes per page to segregate and redact responsive records. The Department also seeks "an extension of 30 business days in order to allow time for the Supervisor to respond, and to provide the City with sufficient time to provide the requester with an estimate which reflects the Supervisor's decision, receive payment, and assemble and prepare the responsive record." 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

John F. Hill SPRl 7/526 Page 2 April 26, 2017 It does not appear the Department provided a fee estimate to Mr. Abdulla in accordance with my April ?1h determination. See 950 CMR 32.06(4 )(h)( 4) (a records access officer must respond to the requester within five business days of receipt of the Supervisor's determination regarding a fee petition). The Department must provide this fee estimate using an hourly rate no greater than $25 an hour. The Department must also reduce the amount of time charged for reviewing these records, or. provide more detail explaining why this amount of time is necessary to produce responsive records. I understand a Public Records Division staff attorney contacted you about this matter. Whereas this fee estimate has yet to be provided, it is unnecessary to opine on the Department petition for an extension of time. See G.L. c. 66, § lO(a)(iii). Mr. Abdulla may appeal the Department's fee estimate within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Sharmarke Abdulla