Dan Griffin v. Massachusetts State Police (SPR 20242047)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 30, 2024 SPR24/2047 Allison Mondello Records Access Officer Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Mondello: I have received the petition of Dan Griffin appealing the response of the Department of State Police (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 7, 2024, Mr. Griffin requested the following: [1.] All form SP 636 for officers assigned to the BAT bus for the dates of 12/12/2017-1/9/2019 [2.] Cruiser radio log records for the dates of 12/12/2017-1/9/2019 for [named individuals] [3.] Any and all documents related to an Inspector general audit of Troop A, 4 hours highway safety OT grant initiatives for the years 2015-2018[.] Prior Appeal This request was the subject of a prior appeal. See SPR24/1514 Determination of the Supervisor of Records (June 3, 2024). In my June 3rd determination, I found that the Department must provide further details regarding its fee estimate. The Department responded on June 17, 2024, providing a revised fee estimate. Unsatisfied with the response, Mr. Griffin petitioned this office and this appeal, SPR24/2047, was opened as a result. Fee Estimates – 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 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

Allison Mondello SPR24/2047 Page 2 July 30, 2024 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 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 Department’s June 17th Fee Estimate In its June 17, 2024 response, the Department provided a revised fee estimate of $883.25, and stated the following: The potentially responsive records are not maintained electronically and will have to be converted to electronic PDF format. The records are not publicly available due to the necessary redactions being made pursuant to the public records law as described below. As such, it is estimated that it will take the Department 6 hours to search through the potentially responsive records to determine which ones are responsive to this specific request. It will take approximately 6 hours to digitalize 2,000 potentially responsive records. Total cost for compiling the records= $25 per hour; 25 x 6 = $150 Segregate or redact the records: As a state agency with the responsibility for maintaining extensive confidential information, the Department has an obligation to ensure proper procedures are maintained to prevent the dissemination of information that is protected from disclosure by law. Fulfilling such an obligation requires a careful review and segregation of records intended for disclosure. Based on the nature of the requested records, the Department reasonably believes that they contain information, the redaction of which is required by law under M.G.L. c. 4, § 7, cl. 26(a). Segregation time is required for the Department to review the 2,000 potentially responsive records because these documents are reasonably likely to contain information that is protected from public disclosure as required by law, including: [1.] Home Addresses and Telephone Numbers of Public Safety Personnel G. L. c. 66, § 10B. . .[;] [2.] Reports of Domestic Violence G. L. c. 41, § 97D . . .[;] [3.]

Allison Mondello SPR24/2047 Page 3 July 30, 2024 M.G.L. c. 6, § 172, the Criminal Offender Record Information (“CORI”) statute[;] [4.] Juvenile names and personal identifying information. . . G.L. c. 119, §§1-84 . . . G.L. c. 71, §34D . . . G.L. c. 276, §100B . . . G.L. c. 120, §21 . . . G.L. c. 209A, §8 . . .[;] [5.] Mental health or substance abuse information . . . G.L. c. 111E, §18 . . . G.L. c. 123, §36 . . .[; and] [6.] M.G.L. c. 214, § 1B, Right of Privacy. . . The Department estimates that it would take approximately one (1) minute to review each record and to segregate and make the redactions as described above. Accordingly, the Department estimates that it would take approximately 33.33 hours [based upon 2,000 potentially responsive records X 1 minutes to review = 2,000/60 = 33.33 hours] to segregate and redact all the potentially responsive records, resulting in a cost of four thousand, sixty-six, and seventy-five cents [33.33 hours - 4 hours X $25 per hour (4 hours deducted per statute results in 29.33) = $733.25]. Total cost for segregating or redacting the records ($150 + $733.25) = $883.25 Current Appeal In his appeal, Mr. Griffin states, “[o]n 5/8, in order to reduce the number of documents, I amended the following request[:] … if [the Department] would like to only provide the individual officer SP 637 dates listed below, it will suffice. Also the documents related to the internal inspector generals within the requisite time frame[.] If this request was followed, there would be approx. 65-75 form SP 637 combined from [named individuals], not 2000 records… Finally, the report(s) from the inspector general’s office, individual officers are not names from what I have been told.” The Department’s fee estimate lacks confirmation that the rate of $25 per hour is of the lowest paid employee who is capable of performing the task(s). Accordingly, the Department must provide further details regarding its fee estimate. See G. L. c. 66, § 10(d)(iv) (requiring the amount of the fee be reasonable). Modification In his appeal, Mr. Griffin noted that on May 8, 2024 he stated, “if [the Department] would like to only provide the individual officer SP 637 dates listed below, it will suffice.” In light of Mr. Griffin’s statement, narrowing his request, this office encourages Mr. Griffin and the Department to communicate in order to facilitate producing records efficiently and affordably. The Department must use its knowledge of the records to facilitate providing any responsive records. G. L. c. 66, § l0(a)(vii) (an agency 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 agency to produce records sought more efficiently and affordably).

Allison Mondello SPR24/2047 Page 4 July 30, 2024 Conclusion Accordingly, the Department is ordered to provide Mr. Griffin 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Dan Griffin Holly Elworthy