David Brown v. Human Resources Division (SPR 20250153)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 22, 2025 SPR25/0153 Michele Heffernan, Esq. General Counsel Human Resources Division 100 Cambridge Street, Suite 600 Boston, MA 02114 Dear Attorney Heffernan: I have received the petition of David Brown appealing the response of the Human Resources Division (Division/HRD) 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. Brown requested “… copies of the official examination results notices issued by the Civil Service Unit for all candidates who participated in the 2023 and 2024 Police Captain Promotional exams.” Prior Petition This request was the subject of a prior fee petition. See SPR25/0149 Determination of the Supervisor of Records (January 22, 2025). In my January 22nd determination, I found that the Division had met its burden to assess a fee for the segregation and redaction of exempt material. The Division provided a response on January 15, 2025. Unsatisfied with the response, Mr. Brown petitioned this office and this appeal, SPR25/0153, 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 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 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

Michele Heffernan, Esq. SPR25/0153 Page 2 January 22, 2025 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 under a petition under G. L. c. 66, § 10(d)(iv). G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). The Division’s January 15th Response In its January 15th response, the Division stated: In accordance with M.G.L. c. 66, § 10(b) and 950 C.M.R. 32.07(2), we have determined that a charge of $75.00 is necessary to process this production. This amount includes: $75.00 for employee time (seven hours), excluding the first four hours. There are approximately 120 individual score notices that will have to be separately downloaded, and redacted in accordance with subsection (c) – exams scores are evaluative information about a candidate and as such are a personnel record and not subject to disclosure and subsection (o) home addresses. Current Appeal In his January 16, 2025 petition to this office, Mr. Brown stated that he was “… not seeking to appeal the Human Resources Division’s January 15th fee estimate.” Consequently, I am unable to opine on the Division’s January 15th fee estimate. Mr. Brown further stated that he was objecting to the Division’s proposed redactions under Exemption (c) of the Public Records Law. Please be advised that where the Division has yet to produce the records, I find that the matter of the proposed redactions cannot be addressed at this time, as the contents of these records are unclear. Once responsive records are provided, Mr. Brown may appeal the substantive nature of the Division’s response within ninety calendar days. See 950 C.M.R. 32.08(1). Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: David Brown