Dan Glaun v. Cambridge, City of - Law Department (SPR 20242283)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 20, 2024 SPR24/2283 Seah Levy Public Records Access Officer City of Cambridge, Law Department City Hall 795 Massachusetts Avenue Cambridge, MA 02139 Dear Ms. Levy: On August 13, 2024, this office received your petition on behalf of the City of Cambridge (City) seeking permission to charge for time spent segregating or redacting responsive records. See G. L. c. 66, § 10(d)(iv). As required by law, it is my understanding that the City furnished a copy of the petition to the requestor. G. L. c. 66, § 10(d)(iv)(2). On July 29, 2024, Dan Glaun, of the Boston Globe, requested, “all internal investigations into [an identified] Cambridge Police Officer . . . . Please include full investigation reports along with documentation of disposition and any disciplinary action for each of the cases.” Petition to Assess Fees 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 (Supervisor) 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). In rendering such a decision, the Supervisor is required to consider the following: a) the public interest served by limiting the cost of public access to the records; b) the financial ability of the requestor to pay the additional or increased fees; and c) any other relevant extenuating circumstances. G. L. c. 66, § 10(d)(iv). The statute sets out a two-prong test for determining whether the Supervisor may approve a municipality’s petition to allow the municipality to charge for time spent segregating or redacting records or to charge in excess of $25 an hour for the provision of public records. The first prong is whether the request for records was made for a commercial purpose. G. L. c. 66, § 10(d)(iv). 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

Seah Levy SPR24/2283 Page 2 August 20, 2024 The second prong of the test is whether the fee represents an actual and good faith representation by the municipality to comply with the request. The Supervisor must consider 1) if the fee is necessary such that the request could not have been prudently completed without the redaction or segregation or fee in excess of $25 per hour; 2) the amount of the fee is reasonable; and 3) the fee is not designed to limit, deter or prevent access to requested public records. Id. Fee Estimates – Municipalities A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10(d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.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 2 (two) 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). Current Petition In its August 13, 2024 petition, the City requests permission to assess a $25 hourly fee for time spent producing responsive records “which will require careful review and redaction as pursuant to law.” In support of its request, the City explains that the responsive records “include information regarding reporting witnesses, complainants, medical information, personal information of an information [sic], information involving juveniles, and material that may fall under G.L. c. 41, § 97D . . . .” Conclusion The City submitted its petition on August 13, 2024, more than ten business days after receipt of the request. In light of the fact that the City has not demonstrated it submitted a timely petition, permission to charge for time spent segregating or redacting responsive records cannot be granted. 950 C.M.R. 32.06(4)(g). Please note, however, this determination does not preclude the City from charging for segregation and redaction that is required by law.

Seah Levy SPR24/2283 Page 3 August 20, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Dan Glaun