Andrew Thompson v. Monson, Town of - Town Clerk (SPR 20253656)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 22, 2025 SPR25/3656 Mary F. Watson Town Clerk Town of Monson 110 Main Street Monson, MA 01057 Dear Ms. Watson: I have received the petition of Andrew Thompson appealing the response of the Town of Monson (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 1, 2025, Mr. Thompson requested, “records related to the Monson Police Department’s use of Flock Safety license-plate reader (ALPR) technology and associated services, for the period January 1, 2023 through the present.” Specifically, Mr. Thompson sought: [1] Contractual Documents  All contracts, service agreements, subscription agreements, purchase orders, renewal terms, and amendments between the Town of Monson / Monson Police Department and Flock Safety.  Documents showing the start date, initial term length, renewal provisions, termination clauses, and pricing (including grant offset details). [2] Financial Records  All invoices, billing statements, grant reimbursement requests, or grant award notifications related to the Flock Safety system.  Records identifying the funding source (e.g., Byrne JAG grant), including internal memos or communications referencing the use of grant funds for this purpose. [3] Policies, Procedures, & Internal Guidance  The written ALPR policy or Standard Operating Procedure used by the Monson Police Department governing: o permissible uses, 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

Mary F. Watson SPR25/3656 Page 2 December 22, 2025 o prohibited uses, o data retention, o audit logging, o user access controls, o training requirements.  Any internal guidance documents or presentations used to brief staff, town officials, or the public on the Flock system. [4] Data-Sharing & Access Agreements  Any data-sharing agreements, memoranda of understanding (MOUs), or access-control documents describing which outside agencies may access Monson’s ALPR data through the Flock Safety platform.  Any documentation submitted to or received from NESPIN, MAGLOCLEN, state police, regional information-sharing networks, or any federal partners regarding Monson’s participation in cross- jurisdictional ALPR data systems.  Any correspondence with Flock Safety regarding agency access approvals, revocations, or changes to the list of agencies with visibility into Monson’s data. [5] Transparency Portal / Audit Logs  The most recent 3 months of system audit logs showing: o number of searches, o number of hotlist hits, o agencies conducting searches (without personal identifiers), o internal use audits.  Any internal reports prepared for the Chief, Select Board, or other officials summarizing ALPR activity. [6] Public-Facing and Public-Discourse Materials  Emails, memos, presentations, meeting packets, or communication materials prepared for the Select Board, town officials, or the public that reference: o adoption of the Flock Safety system, o justification or need, o public-safety impact, o privacy or civil-liberties considerations, o public comments or questions regarding the system. [7] Installation & Operational Records  Records identifying: o dates of installation, o camera locations (street names or general intersections), o dates the system became operational, o any outage reports or maintenance notes.

Mary F. Watson SPR25/3656 Page 3 December 22, 2025 The Town responded on December 11, 2025, assigning the request reference number PR- 664 and providing a fee estimate. Unsatisfied with the Town’s fee estimate, Mr. Thompson petitioned this office and this appeal, SPR25/3656, 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 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). The Town’s December 11th Response In its December 11, 2025 response, the Town assessed a fee of $600.00 to provide the responsive records. In support of its fee estimate, the Town provided the following information: The fee is for the lowest paid employee according to the public records law. Monson has a population of 8150 according to the 2020 Federal Census. Hours required to complete the request: 24 Hourly rate (at the lowest hourly rate of person completing request no more than $25): $25.00 Total Search Fees: $600.00 Total segregate and/or redact Fees: $0.00 Total Cost Good Faith Estimate: $600.00 Current Appeal In his appeal petition, Mr. Thompson argued that the Town’s fee estimate is “excessive and inconsistent with the Public Records Law.”

Mary F. Watson SPR25/3656 Page 4 December 22, 2025 Subsequent to the opening of this appeal, on December 12, 2025, Mr. Thompson submitted a “revised and narrowed Public Records Request… intentionally limited in scope to reduce search burden and associated costs.” Modification of the Scope of the Request Where Mr. Thompson modified the scope of his request on December 12, 2025, I find it is unnecessary to opine on the Town’s December 11th fee estimate. This office encourages Mr. Thompson and the Town to continue to communicate to facilitate providing records more efficiently and affordably. Any revision to the request would result in the requirement to issue a revised fee estimate. Any fee estimate by the Town must be in compliance with the Public Records Law and its Regulations. Conclusion Accordingly, I will consider this administrative appeal closed. If outstanding issues remain after Mr. Thompson and the Town communicate further as described above, Mr. Thompson may file an appeal within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Andrew Thompson