Michael Dreslinski v. West Boylston, Town of - Fire Department (SPR 20171737)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 8, 2018 SPR17/1737 Colby Fiske Records Access Officer West Boylston- Fire Department Records 39 Worcester Street West Boylston, MA O1 5 83 Mr. Fiske: I have received the petition of Michael Dreslinski appealing the response of the West Boylston Fire Department (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). On September 25, 2017, Mr. Dreslinski requested "[a]ll reports, photos and records related to a freight train derailment on or about 01-29-2017 in the area of Temple Street in West Boylston; all records related to the most recent purchase of an ambulance type rescue vehicle, including but not limited to, price quotes, order forms, ordering information, invoices; and all forms used to request funds for the purchase of any item or service for department use/benefit." Mr. Dreslinski also requested a fee waiver. On October 2, 2017 the Department provided Mr. Dreslinski with a response. Appeal ····~~~~·~··~···~·~···~··~··~···~··Mr. Dreslinski apJJealed the DeJJartment' s respgnse indicating the. Department's fee estimate was not satisfactory. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii), (b )(ii). Fee estimates If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § lO(b)(viii); see also 950 C.M.R. 32.07(2)(b) (a records access officer shall provide written, itemized, good faith estimate). Once fees are paid, a records access officer must provide the responsive records. If a municipality is required to devote more than 2 hours of employee time to search for, compile, segregate, redact or reproduce a record requested the fees must reflect the actual cost of 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

Mr. Colby Fiske SPRl 7/1738 Page 2 January 8, 2018 complying with a particular request. G. L. c. 66, § lO(d)(iii). 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). 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. G. L. c. 66, § lO(d)(iii). Fees shall not be assessed for the first 2 hours of work performed where the responding municipality has a population of over 20,000 people. Id. 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, § lO(d)(iv). See G. L. c. 66, § lO(d)(iii); 950 C.M.R. 32.06(4). Conclusion It is my understanding the Department has provided Mr. Dreslinski with a supplemental response containing "information regarding the charges" relating to this appeal. Upon receipt of payment by Mr. Dreslinski, the Department is ordered to produce responsive records in its possession in a manner consistent with this determination, the Public Record Law, and its Regulations. G. L. c. 66, § lO(a)(iii). Mr. Dreslinski may appeal the substantive nature of the supplemental response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, S. Rebecca Murray __ Supervisor of Records cc: Mr. Michael Dreslinski