John D. Rousseau v. West Boylston, Town of - Police Department (SPR 20200305)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 25, 2020 SPR20/0305 Sgt. Anthony Papandrea West Boylston Police Department 141 Sterling Street West Boylston, MA 01583 Dear Sgt. Papandrea: I have received the petition of John Rousseau appealing the response of the Town of West Boylston Police Department (Department) to a request for public records. G. L. c. 66, § lOA; see 950 C.M.R. 32.08(1). Specifically, Mr. Rousseau requested all reports, rap sheets and all police records pertaining to his activities for a certain period of time. In a February 4, 2020 response, the Department advised Mr. Rousseau that it completed the request and that the Department is charging $28.05 for the production and mailing of the printed documents. As a result of the response, Mr. Rousseau petitioned the Supervisor of Records (Supervisor) objecting to the $28.05 charge and this appeal was opened. On February 24, 2020 a new fee estimate was provided totaling $5.05. As a courtesy, Department waived the $23.00 fee for the hour spent compiling responsive records. Municipal 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 ). A records access officer may assess a reasonable fee for the production of a public record. The actual cost of materials provided to a person and postage costs in response to a request for public records may be included as part of the fee. G. L. c. 66, § lO(d)(i); see also 950 C.M.R. 32.07(2)(g). 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

Sgt. Anthony Papandrea SPR20/0305 Page 2 February 25, 2020 Conclusion In light of the revised fee estimate, I find that the fee assessed by the Department is reasonable and in compliance with the Public Records Law and its Regulations. It is my understanding that once Mr. Rousseau pays the Department for the records, they will be mailed. Accordingly, I consider this administrative appeal closed. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: John Rousseau