George and Jen Burden v. Lunenburg, Town of - Police Department (SPR 20250100)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 23, 2025 SPR25/0100 Jeffery Thibodeau Interim Police Chief Lunenburg Police Department 655 Massachusetts Avenue Lunenburg, MA 01462 Dear Chief Thibodeau: I have received the petition of George and Jennifer Burden appealing the response of the Lunenburg Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 8, 2025, Mr. and Ms. Burden requested “all police reports of vehicle speeding violations issued between 06/30/15 and 06/30/16 on Lancaster Avenue by [a named individual]…. We want copies of the actual violations that were issued with the description and comments by [the identified individual].” The Department provided a fee estimate on January 10, 2025. Unsatisfied with the response, Mr. and Ms. Burden petitioned this office and this appeal, SPR25/0100, was opened as a result. 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 (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 of Records under a petition under 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

Chief Jeffrey Thibodeau SPR25/0100 Page 2 January 23, 2025 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). The Department’s January 10th Response In its January 10, 2025 response, the Department assessed a fee of $50.00 to provide the responsive records. Specifically, the Department stated, “there were 74 motor vehicle stops made on Lancaster Ave by [an identified officer]… Due to the amount of information that is required for this request[,] a fee of $50.00 will be assessed…. [1] 2 hours @ $25.00 an hour, for a total of $50.00 [a] The first two (2) hours may be charged as the Town of Lunenburg has less than 20,000 residents. [i] 2023 Census: 11,851. [b] The hourly rate is based on the following: [i] Two employees can review reports, and if required complete redactions. [1] [an identified lieutenant] $47.55 hourly rate. [2] [an identified individual], Public Safety Coordinator: $28.21 hourly rate. [c] Approximately 1 hour to search Dispatch Log Entries: [i] Review 96 pages of logs for 74 motor vehicle stops logged as related to the request. [d] Approximately 1 hour to review 74 motor vehicle stops and citations [i] Review each citation for the motor vehicle stop and determine if a written monetary civil infraction was issued [ii] Redact written monetary civil citations(s). [1] Exemption C, redaction(s) of dates of birth, social security numbers and any other personal identifiable information. Based on the Department’s response, it appears the Department intends to assess a fee for redactions under Exemption (c). However, it is unclear how the Department can assess a fee for redactions under Exemption (c) in this matter. Under the Public Records Law, a fee may 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 pursuant to 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). I am not aware that the Department has submitted a petition under G. L. c. 66, § 10(d)(iv). The Department must clarify this. For the reason discussed above, I find the Department must revise its fee estimate or provide further explanation of how the fee of $50.00 assessed in its January 10th estimate is consistent with G. L. c. 66, § 10(d).

Chief Jeffrey Thibodeau SPR25/0100 Page 3 January 23, 2025 Conclusion Accordingly, the Department is ordered to provide Mr. and Ms. Burden with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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. Mr. and Ms. Burden may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: George and Jennifer Burden