Wheeler Cowperthwaite v. Norwell, Town of Police Department (SPR 20200342)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supel1'isor ofR ecords March 6, 2020 SPR20/0342 Marion Kaskiewicz Records Access Officer Norwell Police Department 300A Washington Street Norwell, MA 02061 Dear Ms. Kaskiewicz: I have received the petition of Wheeler Cowperthwaite appealing the response of the Norwell Police Department (Department) to a request for public records. G. L. c. 66, § IOA; see also 950 C.M.R. 32.08(1). Specifically, on January 14, 2020, Mr. Cowperthwaite requested "[a]ll compliments and complaints from January of 2019 to December of 2019." The Department responded to Mr. Cowperthwaite's with a fee estimate. Mr. Cowperthwaite is appealing the Department's fee estimate. 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, § 10(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, § 10(d )(i). Municipalities may not assess a fee for the first 2 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 fewer. G. L. c. 66, § 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 per hour. Id. However, municipalities may charge more than $25 per hour if such rate is approved by the Supervisor under a petition under G. L. c. 66, § 10(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, § lO(d)(iv). See G. L. c. 66, § lO(d)(ii); 950 C.M.R. 32.06(4). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pi·e@sec.state.ma.us

Marion Kaskiewicz SPR20/0342 Page 2 March 6, 2020 The Department's Fee Estimate In its fee estimate, the Depaiiment states" [s]ince complaints and compliments can be imbedded within logs, reports, letters, notes, etc·., I can only advise that my initial estimate of 2 weeks (minimum) will be required to search for ... " Mr. Cowperthwaite's request. The Department states it will charge for "75 hours at $25 per hour for an estimated total of $1,875 for search, segregation redacting and photocopying of material. In light of this burdensome requests, I must also advise that an extension of 30 business days will be requested, as this will most certainly interfere with the day to day responsibilities of this Department." Based on the Department's fee estimate, it is unclear why 75 hours is needed to search for, segregate, redact, and photocopy the material. The Department has also not indicated whether the hourly rate used is that of the lowest paid individual capable of performing these tasks. See G. L. c. 66, § 10(d )(iii). Whereas the Department has not met its burden of specificity in assessing the number of hours and explaining why the estimated amount of time is required to produce the records, the Depaiiment must provide more detail regarding the tasks and the amount of time for each task. Further, the Department has not cited any exemptions for redaction, or how the exemptions apply to require redaction of the records. See G. L. c. 66, § lO(d)(iv) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based ... "). The Department is advised, however, fees for segregation and redaction of the responsive records may not be charged unless segregation is required by law or the records custodian has submitted a petition to the Supervisor under G. L. c. 66, § lO(d)(iv). See G. L. c. 66, § (d)(iii); see also 950 C.M.R. 32.06(4). Order Accordingly, the Depaiiment is ordered to provide Mr. Cowpe1ihwaite with a revised fee estimate in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. This office encourages Mr. Cowperthwaite and the Depaiiment to communicate to facilitate providing records efficiently and affordably. G. L. c. 66, § lO(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor

Marion Kaskiewicz SPR20/0342 Page 3 March 6, 2020 to modify the scope of the request if doing so would enable the municipality to produce records sought more efficiently and affordably). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Wheeler Cowpe1ihwaite