Kent DeMott v. Leominster, City of - Police Department (SPR 20243334)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 13, 2024 SPR24/3334 Sergeant Matthew R. Fallon Leominster Police Department 29 Church Street Leominster, MA 01453 Dear Sergeant Fallon: On December 12, this office received your petition on behalf of the Leominster 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, Kent DeMott. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On November 29, 2024 Mr. DeMott requested the following: [1.] [P]olice worn body camera for the police visit to [identified individuals] that occurred on 10/27/2024 for [specified police call]. [2.] [A]ny and all documents that were on the flashy drive police were handed by [an identified individual] on that date. 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 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

Matthew R. Fallon SPR24/3334 Page 2 December 13, 2024 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 petition, the Department states “redactions may be needed under Exemption A (exempt by Statue).” Please be advised, records custodians may assess fees for time spent segregating or redacting records where such segregation or redaction is required by law. See 950 C.M.R. 32.07(2)(d) (stating that fee for segregation or redaction is permissible when approved by Supervisor or when required by law. Where the Department only seeks to assess fees as required by law under Exemption (a) of the Public Records Law, I find it unnecessary to opine on whether the Department may assess fees for segregating and redacting the records. Conclusion As described above, I find it is unnecessary to opine on the Department’s petition for permission to charge for time spent segregating or redacting responsive records. Mr. DeMott may appeal the Department’s fee estimate within ninety days. See 950 C.M.R. 32.08(1) Please note, Mr. DeMott 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: Kent DeMott