Jim Haddadin v. Quincy, City of - Police Department (SPR 20201174)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 21, 2020 SPR20/1174 Lt. Terence McDonnell Records Access Officer City of Quincy – Police Department One Sea Street Quincy, MA 02169 Dear Lt. McDonnell: I have received your petition on behalf of the City of Quincy Police Department (Department) requesting a waiver of statutory limits on fees that may be assessed in responding to the request. G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, the Department furnished a copy of this petition to the requestor. G. L. c. 66, § 10(d)(iv). On June 26, 2020, Mr. Haddadin requested access to, and copies of, electronic records describing “all alleged misconduct complaints filed with the Quincy Police Department during the calendar years 2010 through 2019.” In regard to the following records requested, Mr. Haddadin further states “it should be sufficiently detailed to show the tracking number assigned to each matter by the police department; the date the complaint was filed; the nature of the complaint; whether the complaint originated from a police officer or civilian; the name of the officer(s) who were the subject of the complaint; the status of the complaint; and the outcome of the complaint if it has been investigated and/or adjudicated.” Petition to Assess Fees 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 (Supervisor) under a petition under G. L. c. 66, § 10(d)(iv). See G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). In rendering such a decision, the Supervisor is required to consider the following: a) the public interest served be limiting the cost of public access to the records; b) the financial ability of the requester to pay the additional or increased fees; and c) any other relevant extenuating circumstances. G. L. c. 66, § 10(d)(iv). 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

Lt. Terence McDonnell SPR20/1174 Page 2 July 21, 2020 The statute sets out a two-prong test for determining whether the Supervisor may approve a municipality’s petition to allow the municipality to charge for time spent segregating or redacting records. The first prong is whether the request for records was made for a commercial purpose. G. L. c. 66, § 10(d)(iv). It is my determination that this request was not made for a commercial purpose. The second prong of the test is whether the fee represents an actual and good faith representation by the municipality to comply with the request. The Supervisor must consider 1) if the fee is necessary such that the request could not have been prudently completed without the redaction or segregation; 2) the amount of the fee is reasonable; and 3) the fee is not designed to limit, deter or prevent access to requested public records. Id. Petitions seeking a waiver of statutory limits to fees assessed to segregate and/or redact public records must be made within ten (10) business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(g). 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 two (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 less. 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 records 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 of Records 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, § 10(d)(iv). See G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). Based on the current petition provided, the Department has not demonstrated it submitted a timely petition. Therefore, permission to charge $54.98 as an hourly rate, as well as to charge for time spent segregating or redacting responsive records, cannot be granted. See 950 C.M.R. 32.06(4)(g) (petitions relating to fees must be submitted to the Supervisor within ten (10) business days after receipt of a request for public records).

Lt. Terence McDonnell SPR20/1174 Page 3 July 21, 2020 Conclusion In light of the above, the Department’s petition for a waiver of statutory limits of fees cannot be granted at this time. Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Jim Haddadin