Jonathan Medeiros v. Fall River, City of - Office of the Corporation Counsel (SPR 20252217)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 4, 2025 SPR25/2217 Kenneth E. Fredette, Esq. Assistant Corporation Counsel City of Fall River 1 Government Center Fall River, MA 02722 Dear Attorney Fredette: On July 29, 2025, this office received your petition on behalf of the City of Fall River (City) seeking a waiver of statutory limits on fees that may be assessed in responding to three requests. 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, I understand that the City furnished a copy of this petition to the requestor, Jonathan Medeiros. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). From May 27, 2025, through June 12, 2025, Mr. Medeiros made the following requests: Request I: R000260-052725, SPR25/1809 On May 27, 2025, Mr. Medeiros requested: [1] [R]ecords that document when these [identified] vehicles were out of service on a non-permanent basis[;] [2] Records showing what additional vehicles were in service during those same [specified] time periods, including Medic 7 through Medic 12 and any vehicles operating under the Mobile Integrated Health (MIH) division of FREMS[;] [3] Documentation indicating if these [identified] vehicles responded to any 911 calls while the primary units were shut down[;] [4] Records showing how many times the MIH Coordinator was contacted for mutual aid to cover 911 calls during these periods and how many times these requests were denied due to previously scheduled appointments[.] 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

Kenneth E. Fredette, Esq. SPR25/2217 Page 2 August 4, 2025 For the time period of January 1, 2024, through December 31, 2024, and January 1, 2025, through May 27, 2025, Mr. Medeiros sought the following records: [1] Staffing Records: Any documentation (including reports, rosters, or software data such as Aladtec or equivalent) showing daily staffing of Medic 1-6, Squad 11, Medic 7-12, and MIH units[;] [2] Correspondence: Any and all emails or communications from the EMS Chief, Deputy EMS Chief, or Operations staff referencing the status, shutdown, or reassignment of any of the above-mentioned vehicle[;] [3] Service Records: Any documentation indicating response activity (or lack thereof) for Medic 7-12 or MIH-assigned vehicles during times when front-line units were shut down[;] [4] MIH Coordinator Activity: Records reflecting requests for MIH Coordinator mutual aid assistance, outcomes of those requests (granted or denied), and the reason for denial if due to existing appointments[;] [5] Log Books and Legal Records: Copies of log books or other legally maintained documentation tracking in-service/out-of-service status of EMS vehicles, as well as any logs documenting vehicle assignments during 911 calls[;] [6] Internal Reports or Memos: Any directives, memos, or reports pertaining to the staffing or operational availability of the units mentioned above. In an email to the City on June 23, 2025, Mr. Medeiros stated, “…we’re happy to narrow the scope of the request to a one-year window: from May 28, 2024, through May 27, 2025” Request II: R000293-061225, SPR25/1928 On June 12, 2025, Mr. Medeiros also sought the following: [1] All Requests for Proposals (RFPs) or Invitations for Bids (IFBs) issued by Fall River EMS[;] [2] Documentation of all purchases over $10,000, including: [q]uote logs or written solicitations[;] [b]ids/proposals received[;] [c]ontracts awarded[;] [p]rice comparisons[;] [3] For purchases over $50,000: [c]opy of sealed bids and public advertisements (with date/time stamps)[;] [j]ustification for vendor selection[;] [n]otice of award[;] [4] All purchases under $10,000, including: [p]urchase orders or requisitions[;] [i]nvoices and receipts[;] [v]endor name and description of goods/services[;] [i]nternal approvals or justification documentation[;]

Kenneth E. Fredette, Esq. SPR25/2217 Page 3 August 4, 2025 [5] Emergency procurement documentation under M.G.L. c. 30B §8: Statements of emergency[;] Purchase orders, invoices, approvals[;] Notification filings to the Secretary of State and COMMBUYS[;] [6] All sole-source procurement justifications, including: Internal memos or waiver forms[;] Vendor exclusivity claims[;] [7] Annual enterprise fund budgets and expenditure reports (FY22-FY25)[;] [8] All internal or external audits or reviews of the EMS enterprise fund, especially those addressing procurement or internal controls[;] [9] Communications (email or memo) between EMS leadership and the Purchasing Department or Mayor’s Office regarding: [p]urchases of any amount[;] [c]ircumventing procurement rules[;] [a]voiding public bid processes[;] [10] List of all vendors or contractors paid by Fall River EMS since Jan 1, 2022, including: Vendor name and address[;] Description of service/supplies[;] [11] All signed contracts or purchase agreements with vendors above $1,000, including for under-threshold purchases[;] [12] Any non-competitive contracts or memoranda of understanding (MOUs)[;] [13] Names and job titles of all EMS personnel involved in procurement, purchasing, or enterprise fund management[;] [14] Copies of EMS’s internal procurement policies (if any exist apart from citywide policy)[;] [15] Any Mass Certified Public Purchasing Official (MCPPO) certifications held by EMS supervisors or purchasing agents[;] [16] Any emails or memos between EMS leadership, city officials, or vendors that: [d]iscuss avoiding public bidding[;] [s]uggest ‘splitting’ purchases to stay under thresholds[;] [i]nclude phrases such as: “get around 30B,” “not enough time to bid,” “don’t go through Purchasing,” or “emergency but not documented”[.] Request III: R000294-061225, SPR25/1927 On June 12, 2025, Mr. Medeiros sought the following: [1] Revenue reports showing income related to COVID-19 testing, vaccination, and emergency services[;] [2] All grant funding received (e.g., CARES Act, ARPA, FEMA) by Fall River EMS and documentation regarding how funds were used[;] [3] All contracts or purchase agreements associated with COVID-19 testing, vaccine administration, or pop-up clinics[;] [4] All COVID-related purchases under $10,000, including: Purchase orders[;] Invoices[;] Vendor names[;] Descriptions of goods/services[;] [5] Emergency procurements related to COVID response efforts, including: Justification memos[;] Waivers or deviation approvals[;] Internal communications regarding urgency[;] [6] Any correspondence, memos, or emails involving EMS leadership and the Purchasing Department, Mayor’s Office, or vendors regarding COVID-19 operations or funding[;]

Kenneth E. Fredette, Esq. SPR25/2217 Page 4 August 4, 2025 [7] All audits, reviews, or findings involving EMS’s use of COVID-related funds or revenue[;] [8] Any documentation or correspondence suggesting misuse, misallocation, or irregular handling of COVID-related revenues or expenditures. Previous Appeals and Petition These requests were the subject of previous appeals and a petition from the City. See SPR25/1809 Determination of the Supervisor of Records (June 30, 2025) and SPR25/1927, SPR25/1928 Determination of the Supervisor of Records (July 15, 2025). In my June 30th determination, I found that the City may assess a fee for segregation and redaction, but may not assess a fee in excess of $25 per hour. In my July 15th determination, I found that the City had not met its burden in responding to the requests, and noted that, to the extent possible, the City must provide records on a rolling basis. Subsequently, the City submitted the present petition on July 29, 2025. Petition to Assess Fees – Municipalities The Supervisor of Records (Supervisor) may approve a petition from a municipality to charge for time spent segregating or redacting or to charge in excess of $25 per hour, if the Supervisor determines that 1) the request is for a commercial purpose or 2) the fee represents an actual and good faith representation by the municipality to comply with the request. G. L. c. 66, § 10(d)(iv). In rendering such a decision, the Supervisor is required to consider the following: a) the public interest served by limiting the cost of public access to the records; b) the financial ability of the requestor to pay the additional or increased fees; and c) any other relevant extenuating circumstances. G. L. c. 66, § 10(d)(iv). The statute sets out a two-prong test for determining whether the Supervisor may approve a municipality’s petition to allow the municipality to charge for time spent segregating or redacting records. The first prong is whether the request for records was made for a commercial purpose. G. L. c. 66, § 10(d)(iv). It is my determination that these requests were not made for a commercial purpose. The second prong of the test is whether the fee represents an actual and good faith representation by the municipality to comply with the request. The Supervisor must consider 1) if the fee is necessary such that the request could not have been prudently completed without the redaction or segregation or fee in excess of $25 per hour; 2) the amount of the fee is reasonable; and 3) the fee is not designed to limit, deter or prevent access to requested public records. Id. 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

Kenneth E. Fredette, Esq. SPR25/2217 Page 5 August 4, 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 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 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). Fee in Excess of $25.00 per Hour In its petition, the City states the following concerning its request to charge a fee in excess of $25.00 per hour: The City of Fall River is seeking a waiver of statutory limits to fees described in 950 CMR 32.06(4)(g). In support of justification of the fee waiver requested as to all three (3) requests described above, the City has attached affidavits of EMS personnel and the City of Fall River’s Chief Financial Officer (CFO) in explanation. The CFO . . . is requesting the ability to hire an outside law firm to assist with a task that would take her “several months” to complete. The law firm is paid $225 an hour. Again, this for one of the requests included in Request III. With its petition, the City provides eight affidavits from City employees. Conclusion The City submitted its petition on July 29, 2025, more than ten business days after receipt of the requests. In light of the fact that the City has not demonstrated it submitted a timely petition, a waiver of statutory limits on fees cannot be granted. 950 C.M.R. 32.06(4)(g). This office encourages Mr. Medeiros and the City to continue to communicate directly in order to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (a municipality shall suggest a reasonable modification to the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce records sought more efficiently and affordably). Any subsequent fee estimate from the City must be made in compliance with G. L. c. 66, § 10(b)(viii) and G. L. c. 66, § 10(d)(iii).

Kenneth E. Fredette, Esq. SPR25/2217 Page 6 August 4, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Jonathan Medeiros