Debra Waller v. Newton, City of - Law Department (SPR 20171087)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervzsor of Records August 25,2017 SPR1711087 Debra Waller Dear Ms. Waller: I have received your petition with questions regarding your public records request to the City of Newton Law Department (City). Specifically, you are asking if there is a way "to limit the cost to some reasonable estimate." You also seek clarification of the time period for submitting an appeal to this office. Please note the City previously submitted a petition to this office regarding this matter. See SPR171967 Determination of the Supervisor of Records (July 21, 2017). In your petition you explain the City said you "must pay $2,800 up front before they even start to search." You indicate you have a financial concern where if you "pay the $2,800 now" you may have to "pay significantly more to obtain the records." With respect to fee estimates, a municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, 3 1O (d). The fees must reflect the actual cost of complying with a particular request. -Id. A maximum fee of five cents ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, 5 1O (d)(i). Further, municipalities may not assess a fee for the first two 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, 5 10(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 a. per hour. 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, § lO(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, 5 10(d)(iv). See G. L. c. 66, 5 10(d)(iii); 950 CMR 32.06(4). One Ashburton Place, Room 17 19, Boston, Massachusetts 02 108 (6 17) 727-2832. Fax: (6 17) 727-59 14 sec.state.ma.us/pre pre@sec.state.ma.us

Debra Waller SPR17/1087 Page 2 August 25,2017 As described below, you may appeal the City's fee estimate, and any future fee estimates, if you object to any portion of them. G. L. c. 66, 5 IOA; 950 C.M.R. 32.08(1). At that time, this office will review the City's response to determine whether it complied with the above statutory and regulatory provisions regarding fees for access to public records. The second question you have pertains to the time period to submit an appeal to this office. You indicate you are "willing to extend the deadline until 10115 /17" if it does not cancel your right to appeal the returned records "since 10/15/17 is more than 90 days past 6/15/17." To clarify, as a requestor you have ninety days from the last response you received from the City to appeal to this office. See 950 C.M.R. 32.08(1)(d). If you have any further questions regarding your request, please do not hesitate to contact this office. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jonah M. Temple, Esq.