Mass Accountability Network v. Swampscott, Town of - Town Clerk (SPR 20232673)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 20, 2023 SPR23/2673 Jared LaLiberte Town Clerk/Record Access Officer Town of Swampscott 22 Monument Avenue Swampscott, MA 01907 Dear Mr. LaLiberte: I have received the petition of Massachusetts Accountability Network (“requestor”) appealing the response of the Town of Swampscott (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 15, 2023, the requestor sought the following records: [1] ... all 911 or non emergency calls made for a call from Aggregate Industries for the police to show up for a man taking pictures and/or video. [2] ... any BWC footage from Officer ... and any police/incident reports made. Prior Appeal The requested records were the subject of a prior appeal. See SPR23/2220 Determination of the Supervisor of Records (September 29, 2023). In my September 29th determination, I found that it was not clear from the Town’s response what tasks were involved in the search process. The Town responded on October 12, 2023. Unsatisfied with the Town’s response, the requestor petitioned this office and this appeal, SPR23/2673, was opened as a result. Fees - Municipalities If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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 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

Jared LaLiberte SPR23/2673 Page 2 November 20, 2023 ($.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 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 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 under a petition under G. L. c. 66, § 10(d)(iv). G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). The Town’s October 12th response In its October 12, 2023 response, the Town reduced its fee estimate from $50.00 to $25.00 and stated, “[the] Police Department can reduce the cost estimate to one hour, for a total of $25.00 for the time to search for and locate records and make redactions required by law.” The Town further advised that the tasks involved include “… the Police Department must locate and reproduce the bodycam footage requested from its files for the dates/time referenced. In addition, the Police Department must locate written reports and review its records for any radio transmissions for the items requested.” Based on a conversation with the Town, the Town advised that the Town may need to redact certain records pursuant to Exemption (a) of the Public Records Law, and specifically, G. L. c. 93H. Based on the Town’s response, I find it has met its burden to explain how the indicated amount of time is necessary to search for, segregate and/or redact responsive records. Conclusion Accordingly, I will consider this administrative appeal closed.

Jared LaLiberte SPR23/2673 Page 3 November 20, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Massachusetts Accountability Network