David Webb v. Worcester, City of (SPR 20252389)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 20, 2025 SPR25/2309; SPR25/2385; SPR25/2389 Janice E. Thompson, Esq. Assistant City Solicitor City of Worcester, Law Department 455 Main Street, Room 301 Worcester, MA 01608 Dear Attorney Thompson: I have received the petition of David Webb appealing the responses of the City of Worcester (City) to three requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). SPR25/2309 On March 31, 2025, Mr. Webb requested all police reports and body worn camera footage related to a March 22, 2025 incident. On August 7, 2025, Mr. Webb resubmitted this request to the City. SPR25/2385 On March 31, 2025, Mr. Webb requested all police reports and body worn camera footage relating to a March 26, 2025 incident. On July 12, 2025, Mr. Webb resubmitted this request to the City. SPR25/2389 On March 31, 2025, Mr. Webb requested all police reports and body worn camera footage relating to a March 17, 2025 incident. On July 12, 2025, Mr. Webb resubmitted this request to the City. Prior Appeal These requests were the subject of a prior appeal. See SPR25/1035 Determination of the Supervisor of Records (April 25, 2025). In my April 25th determination, I found that it was 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

Janice E. Thompson, Esq. SPR25/2309; SPR25/2385; SPR25/2389 Page 2 August 20, 2025 unclear whether the City had provided Mr. Webb with a response to his request within 10 business days of receipt of the request, as required to assess a fee under G. L. c. 66, § 10(e). The City responded on April 15, May 20, August 6, and August 7, 2025. Unsatisfied with the City’s responses, Mr. Webb petitioned this office and these appeals, SPR25/2309, SPR25/2385, and SPR25/2389, were 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). 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 Responses In its April 15, 2025 response, the City assessed a fee of $1,890.25 to provide Mr. Webb with records responsive to his requests. In its May 20, 2025 response, the City stated: Mr. Webb submitted his requests after the close of business on March 31, 2025 between the hours of 10:46 p.m. and 11:13 p.m. The requests were received by the City upon the commencement of business on April 1, 2025. The City’s response was provided within 10 business days of receipt, on April 15, 2025. 950 CMR 32.00 sets forth the following definitions relevant to determining the date of receipt and computation for purposes of counting business days:

Janice E. Thompson, Esq. SPR25/2309; SPR25/2385; SPR25/2389 Page 3 August 20, 2025 Business Day. Monday through Friday. Business day does not include Saturdays, Sundays, legal holidays, or other weekdays where a custodian’s office is closed unexpectedly. Division Business Hours. The regular hours of the Division are from 8:45 A.M. to 5:00 P.M. each business day. Computation of Time. Unless otherwise provided, the computation of time referred to in 950 CMR 32.00 shall begin with the first business day following the date of receipt of any request, regardless of form. This communication constitutes confirmation that the City received the requests on April 1, 2025 and the response was provided timely within 10 business days. In its responses on August 6 and August 7, 2025, the City referred Mr. Webb to its prior April 15th and May 20th responses. 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. Webb submitted his public records requests on March 31, 2025 and the City provided a fee estimate on April 15, 2025, I find that the City did not provide Mr. Webb with a response to his request within 10 business days of receipt of the request, as required to assess a fee under G. L. c. 66, § 10(e). Consequently, I find that the City may not assess a fee to produce records responsive to the requests. Conclusion Accordingly, the City is ordered to provide Mr. Webb with a response to the requests, 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. Webb may appeal the substantive nature of the City’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: David Webb Michael Vigneux