Lauren v. Peabody, City of - Police Department (SPR 20252897)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 3, 2025 SPR25/2897 Captain Douglas Marcus Administrative Commander Peabody Police Department 6 Allens Way Peabody, MA 01960 Dear Captain Marcus: On October 2, 2025, this office received your petition on behalf of the Peabody Police Department (Department) seeking permission to waive statutory limits to fees and to charge for time spent segregating or redacting responsive records. 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, it is my understanding that the Department furnished a copy of the petition to the requestor, Lauren (requestor). G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On September 24, 2025, the requestor sought “all public records bearing the name [of an identified individual], between the City of Peabody and MA POST Commission.” Petition to Assess Fees – Municipalities The 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 understanding that this request was not made for a commercial purpose. 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

Captain Douglas Marcus SPR25/2897 Page 2 October 3, 2025 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; 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. Petitions seeking a waiver of statutory limits to fees assessed to segregate and/or redact public records must be made within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(g). 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 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). Petition to Assess Fees In its petition, in addition to charging for segregation and redaction required by law pursuant to Exemption (a) of the Public Records Law, the Department requests to charge for segregation and redaction under Exemption (c) and provides the following information in support of its request: These records include names, dates of birth, faces, medical information, and motor vehicle plates that will all need to be redacted. Disclosure may reveal private information, unwanted intrusions, and may increase the risk of theft or identity fraud.

Captain Douglas Marcus SPR25/2897 Page 3 October 3, 2025 Fees in Excess of $25.00 per Hour In its petition, the Department requests to charge a fee of $54.17 per hour to segregate and redact responsive body camera footage. The Department also requests to charge a fee of $77.91 segregate and redact responsive internal affairs records. In support of its petition, the Department provides the following information: The lowest paid employee who has the necessary skill to complete the segregation and redaction of these records is Sergeant Robert Faletra. This is due to the fact that the Body Worn Camera system has two administrators in the department including Sergeant Robert Faletra and Captain Douglas Marcus who are the sole employees responsible for the administrative work in the Body Worn Camera program. Furthermore, the administrative access that a Body Worn Camera administrator has limits the employees allowed to manage and view this sensitive information. These officers have specialized training and security clearances to manage, maintain, and secure the digital files associated with the department body cameras. For the department to allow an employee of lower rank/pay access would violate our department policy. The normal hourly rate for Sgt. Faletra is $54.17. These internal affairs records can only be viewed and handled by members of the administrative command staff due to their sensitivity as it relates to internal affairs investigations. An officer at the rank of captain or above will be needed to compile, segregate, redact, and reproduce the requested records. For the department to allow an employee of lower rank/pay access to these records would violate our department rules and regulations and would certainly violate the trust of department personnel that internal investigations are investigated and maintained in a discreet manner as per department policies and procedures. The normal hourly rate for a captain is $77.91. Conclusion The Department is advised that the current language of Exemption (c) prohibits its application to records related to law enforcement misconduct investigations. See G. L. c. 4, § 7(26)(c). In this case, where the requested records appear to relate to a law enforcement misconduct investigation, and given the public interest served by limiting the cost of public access to the requested records, I am unable to grant permission to charge for time spent segregating or redacting the records or grant permission to charge in excess of $25.00 an hour. However, please note that this does not preclude the Department from charging for segregation and redaction that is required by law under Exemption (a) at a rate of $25.00 per hour.

Captain Douglas Marcus SPR25/2897 Page 4 October 3, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Lauren