Todd Wallack v. University of Massachusetts - Dartmouth (SPR 20212060)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 30, 2021 SPR21/2060 Ryan C. Merrill Acting Director of Media Relations UMass Dartmouth Office of Public Affairs University of Massachusetts - Dartmouth 285 Old Westport Road, Room 307A Dartmouth, MA 02747 Dear Mr. Merrill: I have received the petition of Todd Wallack of WBUR appealing the response of the University of Massachusetts Dartmouth (University) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 8, 2021, Mr. Wallack requested: [e]lectronic log of internal affairs complaints/investigations against sworn officers of the University of Massachusetts Dartmouth Police Department as far back as you maintain the log in your current computer system. The University provided a response on July 22, 2021. Unsatisfied with the University’s response, Mr. Wallack petitioned this office and this appeal, SPR21/2060, was opened as a result. Fee estimate - Agencies An agency 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). Agencies may not assess a fee for the first four (4) hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested. G. L. c. 66, § 10(d)(ii). Where appropriate, agencies 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 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

Ryan C. Merrill SPR21/2060 Page 2 August 30, 2021 search for, compile, segregate, redact or reproduce a record requested, but the fee shall not be more than $25 per hour. Id. 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)(ii); 950 C.M.R. 32.06(4). The University’s July 22nd response On July 22, 2021, the University responded to Mr. Wallack by providing him with a fee estimate with an estimated cost of $1,400. The University explained the calculation as follows: “we have made a good faith estimate of the fees necessary to search for, compile, and segregate the records: 60 hrs. at $25/hr. = $1,400 ($0 for first 4 hrs.).” Based on the University’s response, it is unclear why the University requires the amount of time listed above to produce the requested records. The University must provide further details about the tasks required to produce these records. The University must clarify these matters, including whether any segregation and redaction is required by law. Conclusion Accordingly, the University is ordered to provide Mr. Wallack with a response to the request, provided 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: Todd Wallack, WBUR