Dusty Christensen v. Northampton, City of - Police Department (SPR 20212618)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 22, 2021 SPR21/2618 Julie Gaudreau Principal Account Clerk Records Bureau Northampton Police Department 29 Center Street Northampton, MA 01060 Dear Ms. Gaudreau: I have received the petition of Dusty Christensen of the Daily Hampshire Gazette appealing the response of the Northampton Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 8, 2021, Ms. Greta Jochem requested “complaints and final reports for all internal internal [sic] affair complaints filed with the Department from 2010 to 2016 and 2020.” Previous Appeal This request was the subject of a previous appeal. See SPR21/1086 Determination of the Supervisor of Records (May 12, 2021); SPR21/1787 Determination of the Supervisor of Records (July 30, 2021). The Department provided a response on July 29, 2021. Unsatisfied with the Department’s response, Mr. Christensen petitioned this office and SPR21/2618 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

Julie Gaudreau SPR21/2618 Page 2 October 22, 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 Department’s July 29th Response On July 29, 2021, the Department provided Mr. Christensen with a fee estimate of $434.70 and $207.90 explaining “[p]lease note that this is an estimate. If this is completed in less time, [Mr. Christensen] will be reimbursed. If it should take more time, [Mr. Christensen] will be billed for the balance.” In its July 29th response, the Department explained the $434.70 fee estimate below: Photocopy, Segregate, Redact, Re-Photocopy, Scan Records Total pages for three (3) records: 380 Pages Four (4) Minutes per Page @ $18.90 per Hour = 1520 Minutes Total: 23 Hours (25 less first 2 hours free of charge) 23 Hours @ $18.90 per Hour (Rate of Lowest Paid Records Clerk) TOTAL DUE: $434.70 In addition, the Department explained the $207.90 fee estimate below: Photocopy, Segregate, Redact, Re-Photocopy, Scan Records Total pages for two (2) records: 207 Pages Four (4) Minutes per Page @ $18.90 per Hour = 828 Minutes Total: 11 Hours (13 less first 2 hours free of charge) 11 Hours @ $18.90 per Hour (Rate of Lowest Paid Records Clerk) TOTAL DUE: $207.90 The Department further explained in a supplemental response on October 12, 2021 that, “[Mr. Christensen] also questions the fee [the Department] would need to charge for the processing of these records. Again, I explained in detail the extent of the redaction process. I explained that this is an estimate and if it did take less time, [Mr. Christensen] would certainly be reimbursed. As well as, if it took more time [Mr. Christensen] would be billed for the balance.” Based on the Department’s responses, it is unclear why the Department requires the amount of time of “four (4) minutes per page” listed above to produce the requested. The Department must provide further information on the details regarding the tasks involved, including the time it is allocating to compiling, segregating, redacting and reproducing the

Julie Gaudreau SPR21/2618 Page 3 October 22, 2021 requested records. See G. L. c. 66, § 10(d)(iv) (requiring the amount of the fee be reasonable). The Department must clarify these matters, including the time that is needed to perform segregation and redaction as required by law. This office continues to encourage Mr. Christensen and the Department to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, §10(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce records sought more efficiently and affordably). Conclusion Accordingly, the Department is ordered to provide Mr. Christensen 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: Greta Jochem, The Berkshire Eagle Jane Lawnicki, Records Supervisor