Jim Pillsbury v. Framingham, City of - Police Department (SPR 20251490)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 30, 2025 SPR25/1490 Colleen Kehew Records Manager Framingham Police Department 150 Concord Street Framingham, MA 01702 Dear Ms. Kehew: I have received the petition of Jim Pillsbury appealing the response of the Framingham 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 April 22, 2025, Mr. Pillsbury requested “… copies of all vehicles purchased from 2021 to present, from the police, fire and DPW departments.” The Department responded on May 27, 2025. Unsatisfied with the Department’s response, Mr. Pillsbury petitioned this office and this appeal, SPR25/1490, 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

Colleen Kehew SPR25/1490 Page 2 May 30, 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 May 27th Response In its May 27, 2025 response, the Department assessed a fee of $125.00 to provide Mr. Pillsbury with responsive records. Specifically, the Department stated: While the Police Department intends to provide their records to you, we will need to spend considerable time as required by law in producing these records. The City estimates that it will take 7 hours to fill this request. In accordance with the law, the City will not charge you for the first two hours of employee time, at the rate of $25/hour (lower than the hourly wage of the lowest paid employee capable of performing such work). G. L. c. 66, § 10(e) G. L. c. 66, § 10(e) provides that “[a] records access officer shall not charge a fee for a public record unless the records access officer responded to the requestor within 10 business days under subsection (b).” In this case, where Mr. Pillsbury submitted his public records request on April 22, 2025, and it appears the Department provided a fee estimate on May 27, 2025, I find it is unclear whether the City complied with G. L. c. 66, § 10(e). Specifically, in order to assess fees, the Department must demonstrate whether it provided a response to Mr. Pillsbury’s request under G. L. c. 66, § 10(b) within 10 business days of receipt of the request. Conclusion Accordingly, the Department is ordered to provide Mr. Pillsbury 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. Pillsbury 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: Jim Pillsbury