Malden News Network v. Malden, City of (SPR 20251633)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 16, 2025 SPR25/1633 Joanne Perperian Public Records Access Officer City of Malden Office of the City Solicitor 215 Pleasant Street, Suite 420 Malden, MA 02148 Dear Ms. Perperian: I have received the petition of Malden News Network (requestor) appealing the response of the City of Malden (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 25, 2025, the requestor sought: For the timeframe 4/25/22 to 4/25/25, please provide public records documenting financial expenses, commitments and/or encumbrances for legal work of the City of Malden (including Malden Public Schools), related to any financial expenses associated with lawyers, paralegals or their billable staff in the following Mass Court cases: [six identified court dockets]. Prior Petition This request was the subject of a prior fee and time petition. See SPR25/1295 Determination of the Supervisor of Records (May 12, 2025). In my May 12th determination, I found that the City had established good cause for a time extension of 30 business days and that it was unnecessary to opine on the City’s petition for permission to charge for time spent segregating or redacting responsive records. The City responded on May 8 and June 9, 2025. Unsatisfied with the responses, the requestor petitioned this office and this appeal, SPR25/1633, 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 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

Joanne Perperian SPR25/1633 Page 2 June 16, 2025 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). 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 City’s May 8th and June 9th Responses In its May 8, 2025 response, the City assessed a fee of $50.00 to provide the requestor with responsive records. Subsequently on May 8, 2025, the requestor paid the assessed fee. In its June 9, 2025 response, the City informed the requestor that it would require an additional payment of $50.00 to provide the responsive records. Payment of Fees Under the Public Records Law, a records custodian is not required to produce responsive records until receipt of payment of a reasonable fee. G. L. c. 66, § 10(a)(iii). Once fees are paid, a records custodian must provide the responsive records. Where it appears the City has received payment of the reasonable fee, the City must provide the responsive records. To the extent possible, the City must provide responsive records on a rolling basis. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the City is ordered to provide the requestor with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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. The requestor may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1).

Joanne Perperian SPR25/1633 Page 3 June 16, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Malden News Network