Shawn Wiley v. Danvers, Town of - Police Department (SPR 20243316)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 13, 2024 SPR24/3316 James Lovell Chief of Police Danvers Police Department 120 Ash Street Danvers, MA 01923 Dear Chief Lovell: On December 10, this office received your petition on behalf of the Danvers Police Department (Department) requesting permission to charge for time spent segregating or redacting responsive records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Department furnished a copy of the petition to the requestor, Shawn Wiley. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On November 26, 2024, Mr. Wiley requested, “recorded interviews of [identified individuals] related to [a specified police incident].” On December 11, 2024, Mr. Wiley sent correspondence objecting to the Department’s petition. 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 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

Chief James Lovell SPR24/3316 Page 2 December 13, 2024 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 petition, the Department requests “it be permitted to charge $25 per hour to redact the approximately two-hour video that is responsive to the Request.” In support of its request, the Department provides the following information concerning anticipated redactions: The responsive video is two hours in length and largely consists of a member of the public describing intimate details of their relationship with an ex-significant other, including substance abuse, medical diagnoses, family issues, and the breakdown of their relationship. This information is protected from disclosure by Exemption (c) to the Public Records Law, which protects such intimate details of a highly personal nature, the disclosure of which would constitute an unwarranted invasion of personal privacy. The video will need to be reviewed and redacted of information exempt from disclosure contained within. In light of the Department’s petition, I find the Department has met its burden to explain how, given the nature of the responsive records, the request could not prudently be completed without redaction or segregation. See G. L. c. 66, § 10(d)(iv). To the extent the responsive records contain the exempt information as described above, the Department may assess a fee for the segregation and redaction of such exempt material. Conclusion Accordingly, to the extent the responsive records contain the exempt information described above, the Department may assess a fee for segregation and redaction. See G. L. c. 66, § 10(d)(iv). Please note, Mr. Wiley has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, §§ 10(c), 10(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Shawn Wiley