Joseph Smith v. North Adams, City of - City Administrator (SPR 20211984)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 16, 2021 SPR21/1984 Angie Ellison Records Access Officer City of North Adams 10 Main Street North Adams, MA 02147 Dear Ms. Ellison: I have received the petition of Joseph Smith appealing the response of the City of North Adams (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 15, 2021, following email correspondence with the City, Mr. Smith requested the following: Any public records that relate to or mention the claims of [a specific] shooting incident . . . its investigation, any determinations made from the investigation, and any opinions shared in regard to the matter. [Mr. Smith] seek[s] such records that both the city of North Adams and NAPD may hold, such as any discussions between city administration, city elected officials, police investigators, and staff. The date range for [his] request is July 24th 2020 to October 1st 2020. The City responded on July 26, 2021, providing a fee estimate. Objecting to the fees, Mr. Smith appealed, and this case was opened as a result. Fee Estimate – Municipalities 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, 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

Angie Ellison SPR21/1984 Page 2 August 16, 2021 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 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). The City’s July 26th Fee Estimate In its July 26, 2021 fee estimate, the City states the following: The estimated time to search and compile the requested record as well as redaction under allowable exemptions (if applicable) is approximately half an hour to search, redact and compile the information. At the allowable twenty-five dollars ($25) per hour rate, the total estimated cost is twelve dollars and fifty cents ($12.50). In his appeal petition, Mr. Smith contends that “it appears to be targeted to me, and to create an economic barrier over anger from city administration.” Based on the City’s response, it is unclear why it requires half an hour to search, redact and compile the records. The City must provide further details regarding the tasks involved and what each task entails, including the time it is allocating for compiling, segregating, redacting and reproducing the requested records. See G. L. c. 66, § 10(d)(iv) (requiring the amount of the fee be reasonable). Additionally, the City must indicate whether the segregation and redaction is required by law. Under the Public Records Law, 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, § 10(d)(iii). Accordingly, the City must explain whether its hourly rate is that of the lowest paid employee with the necessary skill. Conclusion Accordingly, the City is ordered to provide Mr. Smith with a response to the request, provided 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.

Angie Ellison SPR21/1984 Page 3 August 16, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Joseph Smith