Frank Wood v. Framingham, City of (SPR 20212043)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 27, 2021 SPR21/2043 Todd C. Palmer Super Records Access Officer City of Framingham 150 Concord Street; Room B-37 Framingham, MA 01702 Dear Mr. Palmer: I have received the petition of Frank Wood, of Framingham Forward, appealing the response of the City of Framingham (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 4, 2021, Mr. Wood requested: 1. A list of all calls asking for police to respond to [an identified address] from January 1, 2019 through August 4, 2021; 2. Any police reports attributed to any of those calls (referenced in Number 1 and the time period in Number 1); 3. A list of dates of response and outcomes attributed (advised, unfounded, etc.) from January 1, 2019 through August 4, 2021; 4. All emails sent or received by the City’s Police Chief or any Deputy Police Chief which contain the text [that identifies the specific address in the request], from January 1, 2019 through August 4, 2021, including all attachments. On August 13, 2021, the City provided records responsive to a portion of the request, as well as a fee estimate for the remaining portions. Objecting to the fee estimate, Mr. Wood petitioned this office and this appeal, SPR21/2043, 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). 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

Todd Palmer SPR21/2043 Page 2 August 27, 2021 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 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 fee estimate In its August 13, 2021 fee estimate pertaining to the City’s FOIA Direct request number 2021-1380, the City states that five (5.0) hours of time at an hourly rate of $25.00 and a total cost of $125.00 is necessary for the production of records responsive to the request. The City asserts that the following tasks will be required: “…a careful review of each document, segregation, and redaction of exempt information.” Based on the City’s response, it is unclear why five (5) hours of time is required to provide the responsive records. The City did not explain whether any part of the 5 hours is attributed to any tasks for search and compilation. In addition, the estimate does not explain whether the City has provided Mr. Wood with two hours free from any fees as required by the Public Records Law. Please be advised, 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). The City has mentioned that the records may be redacted under Exemptions (c) and (f); however, the City may not assess a fee for segregation and redaction unless such segregation and redaction is required by law, or with permission of the Supervisor through a petition to charge such fees. To the best of my knowledge, the City has not filed a petition to charge fees for segregation and redaction under Exemptions (c) and (f). See G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). Finally, the City has assessed an hourly rate of $25.00 per hour which is the maximum allowed by the Public Records Law. See G. L. c. 66, § 10(d)(iii). The City has not explained how the $25 dollar per hour is the hourly rate of 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. The City must clarify whether its $25 per hour fee estimate is the lowest paid hourly rate of an employee with the necessary skill required to search for, compile, segregate, redact or reproduce a record requested. See G. L. c. 66, § 10(d)(iii). The City must clarify these issues.

Todd Palmer SPR21/2043 Page 3 August 27, 2021 Conclusion Accordingly, the City is ordered to provide Mr. Wood with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 10 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Frank Wood