Chris Infami v. Brookline, Town of - Police Department (SPR 20200190)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Mmray Supervisor ofR ecords February 13, 2020 SPR20/0190 Amanda Williams Town of Brookline Records Division 350 Washington Street Brookline, MA 02445 Dear Ms. Williams: I have received the petition of Chris Infami appealing the response of the Town of Brookline - Police Department (Department) to a request for public records. G. L. c. 66, § 1O A; ·see also 950 C.M.R. 32.08(1). Specifically, Chris Infami requested: "all Computer Aided Dispatch Transcripts (CADs); Calls for Service Reports; all incident reports, all police records, all 911 documents; all 911 audio files, all documents; and all log book entries pertaining to [a n identified address] from Sept. 1, 2019 to the present." In a January 23, 2020 response, the Town advised Chris Infami that it completed the request, the Town is charging $.05 for the produced Compact Disc (CD), and that the CD can be picked up during regular business hours at the Department or the Department can mail the CD. As a result of the response, Chris Infami petitioned the Supervisor of Records (Supervisor), objecting to the 5 cent charge for the CD and this appeal was opened. M unicipa/ fees for records 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). Once fees are paid, a records custodian must provide the responsive record(s). In a February 13, 2020 email, you informed both this office and the requestor that the 5 cent charge (fee) is for the physical CD. The Town did not assess any applicable fees to search for, compile, segregate, redact or reproduce. A records access officer may assess a reasonable fee for the production of a public record. The actual cost of any storage device or materials provided to a person in response to a 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

Amanda Williams SPR20/0190 Page 2 February 13, 2020 request for public records may be included as part of the fee. See G. L. c. 66, § 10( d)(i); see also 950 C.M.R. 32.07(2)(g). Conclusion I find that the fee assessed by the Town is reasonable and in compliance with the Public Records Law and its Regulations. It is my understanding that once Chris Infami pays the Department for the CD, it will be provided. Accordingly, I consider this administrative appeal ·c1osed. Sincerely, ~m~ Supervisor of Records cc: Chris Infami